Editor's Note :

Editor's Note :

This week we are hosting an online symposium on NIFLA v. Becerra, in which the Supreme Court will consider whether the disclosures required by California’s Reproductive FACT Act violate the free speech clause of the First Amendment. Contributions are available at this link.

BNSF Railway Co. v. Tyrrell

Docket No. Op. Below Argument Opinion Vote Author Term
16-405 Mont. Apr 25, 2017
Tr.Aud.
May 30, 2017 8-1 Ginsburg OT 2016

Holding: (1) Section 56 of the Federal Employers' Liability Act -- which provides that "an action may be brought in a district court of the United States," in, among other places, the district "in which the defendant shall be doing business at the time of commencing such action" -- does not address personal jurisdiction over railroads; and (2) the Montana courts' exercise of general personal jurisdiction under Montana law does not comport with the 14th Amendment's due process clause.

Judgment: Reversed and remanded, 8-1, in an opinion by Justice Ginsburg on May 30, 2017. Justice Sotomayor filed an opinion concurring in part and dissenting in part.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 18 2016Application (16A67) to extend the time to file a petition for a writ of certiorari from August 29, 2016 to September 28, 2016, submitted to Justice Kennedy.
Jul 20 2016Application (16A67) granted by Justice Kennedy extending the time to file until September 28, 2016.
Sep 28 2016Petition for a writ of certiorari filed. (Response due October 28, 2016)
Oct 20 2016Order extending time to file response to petition to and including November 28, 2016.
Oct 28 2016Motion for leave to file amicus brief filed by The Association of American Railroads.
Oct 28 2016Motion for leave to file amicus brief filed by Washington Legal Foundation.
Oct 28 2016Motion for leave to file amicus brief filed by National Association of Manufacturers.
Oct 28 2016Motion for leave to file amici brief filed by The Chamber of Commerce of the United States of America, et al.
Nov 28 2016Brief of respondents Kelli Tyrrell, Special Administrator for the Estate of Brent T. Tyrrell, Deceased, et al. in opposition filed.
Dec 13 2016Reply of petitioner BNSF Railway Co. filed.
Dec 14 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 9 2017DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017Motion for leave to file amicus brief filed by National Association of Manufacturers GRANTED.
Jan 13 2017Motion for leave to file amici brief filed by The Chamber of Commerce of the United States of America, et al. GRANTED.
Jan 13 2017Motion for leave to file amicus brief filed by The Association of American Railroads GRANTED.
Jan 13 2017Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED.
Jan 13 2017Petition GRANTED.
Jan 17 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Petitioner.
Feb 17 2017SET FOR ARGUMENT ON Tuesday, April 25, 2017
Feb 21 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Respondents.
Feb 24 2017Record requested from the Supreme Court of Montana.
Feb 27 2017Joint appendix filed. (Statement of costs filed.)
Feb 27 2017Brief of petitioner BNSF Railway Company filed.
Mar 2 2017Record received from the Supreme Court of Montana. The record is electronic.
Mar 6 2017Brief amici curiae of Washington Legal Foundation, and Allied Educational Foundation filed.
Mar 6 2017Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
Mar 6 2017Brief amicus curiae of United States filed.
Mar 6 2017Brief amicus curiae of National Association of Manufacturers filed.
Mar 6 2017Brief amicus curiae of Association of American Railroads filed.
Mar 6 2017Brief amicus curiae of Professor Stephen E. Sachs filed.
Mar 7 2017Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 22 2017CIRCULATED.
Mar 24 2017Record received from the Montana 13th Judicial District Court for Yellowstone County (1 envelope).
Mar 29 2017Brief of respondents Kelli Tyrrell, Special Administrator for the Estate of Brent T. Tyrrell, Deceased, et al. filed. (Distributed)
Apr 3 2017Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 4 2017Brief amicus curiae of Academy of Rail Labor Attorneys filed. (Distributed)
Apr 5 2017Brief amicus curiae of Brotherhood of Maintenance of Way Employes Division/IBT filed. (Distributed)
Apr 5 2017Brief amicus curiae of The American Association for Justice filed. (Distributed)
Apr 17 2017Reply of petitioner BNSF Railway Company filed. (Distributed)
Apr 25 2017Argued. For petitioner: Andrew S. Tulumello, Washington, D. C.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Julie A. Murray, Washington, D. C.
May 30 2017Judgment REVERSED and cases REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Breyer, Alito, Kagan, and Gorsuch, JJ., joined. Sotomayor, J., filed an opinion concurring in part and dissenting in part.
Jul 3 2017MANDATE ISSUED.
Jul 3 2017JUDGMENT ISSUED.
 
Share:
Term Snapshot
Awards