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Emerson Electric Co. v. Superior Court of California, Orange County

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-1713 Cal. TBD TBD TBD TBD TBD

Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.

Issue: Whether the Occupational Safety and Health Act “preempts all state occupational safety and health laws" relating to issue covered by federal standards “unless they are included in the state plan,” as the U.S. Court of Appeals for the 9th Circuit has held; or whether a state may employ supplemental enforcement mechanisms for workplace safety standards even if not included in the state plan, as the Supreme Court of California held in this case.

SCOTUSblog Coverage

DateProceedings and Orders
Apr 27 2018Application (17A1191) to extend the time to file a petition for a writ of certiorari from May 9, 2018 to June 25, 2018, submitted to Justice Kennedy.
Apr 30 2018Application (17A1191) granted by Justice Kennedy extending the time to file until June 25, 2018.
Jun 25 2018Petition for a writ of certiorari filed. (Response due July 27, 2018)
Jul 17 2018Motion to extend the time to file a response from July 27, 2018 to September 7, 2018, submitted to The Clerk.
Jul 24 2018Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2018.
Jul 27 2018Brief amicus curiae of National Association of Manufacturers filed.
Jul 27 2018Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jul 27 2018Brief amici curiae of National Federation of Independent Business Small Business Legal Center and Southeastern Legal Foundation filed.
Sep 07 2018Brief of respondent People of the State of California in opposition filed.
 
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