Ernst & Young LLP v. Morris
Consolidated with:
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 16-300 | Oct 2, 2017 | May 21, 2018 | 5-4 | Gorsuch | OT 2017 |
Holding: Congress has instructed in the Federal Arbitration Act that arbitration agreements providing for individualized proceedings must be enforced, and neither the Arbitration Act"s saving clause nor the National Labor Relations Act suggests otherwise.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Gorsuch on May 21, 2018. Justice Thomas filed a concurring opinion. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined.
SCOTUSblog Coverage
- OT2017 #26: "The Murder Zone" (First Mondays, May 29, 2018)
- Symposium: For decades, court has built an edifice of its own creation in arbitration cases -- its time to tear it down and rebuild (Deepak Gupta, May 24, 2018)
- Symposium: Majority gives short shrift to worker rights (Katherine Stone, May 23, 2018)
- Symposium: Justice Ginsburgs anachronistic dissent in Epic Systems runs afoul of the Rules Enabling Act (Richard Samp, May 22, 2018)
- Symposium: Good news for employers and workers, bad news for lawyers (Archis Parasharami and Dan Jones, May 22, 2018)
- Symposium: The Federal Arbitration Act and the National Labor Relations Act are two ships that pass in the night (Benjamin Robbins, May 22, 2018)
- Symposium: Latest assault against workers by the Supreme Court (Nicole G. Berner and Claire Prestel, May 22, 2018)
- Opinion analysis: Employers prevail in arbitration case (Updated) (Amy Howe, May 21, 2018)
- A "view" from the courtroom: Strength in numbers (Corrected) (Mark Walsh, May 21, 2018)
- OT2017 #2: "Who is the River Master?" (First Mondays, October 9, 2017)
- Argument analysis: An epic day for employers in arbitration case? (UPDATED) (Amy Howe, October 2, 2017)
- Argument preview: Reconciling class waivers and the National Labor Relations Act (UPDATED) (Amy Howe, September 25, 2017)
- Court releases October calendar (Amy Howe, July 20, 2017)
- Murphy Oils law: Solicitor Generals office reverses course in arbitration cases, supports employers (Amy Howe, June 19, 2017)
- Court adds 16 new cases to its merits docket (Expanded) (Amy Howe, January 13, 2017)
- Petition of the day (Kate Howard, October 11, 2016)
| Date | Proceedings and Orders |
|---|---|
| 09/08/2016 | Petition for a writ of certiorari filed. (Response due October 11, 2016) |
| 09/21/2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners. |
| 09/29/2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents |
| 10/03/2016 | Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED. |
| 10/03/2016 | Brief amicus curiae of Chamber of Commerce of the United States filed. |
| 10/06/2016 | Order extending time to file response to petition to and including November 14, 2016. |
| 10/07/2016 | Brief amicus curiae of International Association of Defense Counsel filed. |
| 10/10/2016 | Brief amicus curiae of Atlantic Legal Foundation filed. |
| 10/11/2016 | Brief amicus curiae of The Employers Group filed. |
| 10/11/2016 | Brief amicus curiae of The Retail Litigation Center, Inc. filed. |
| 10/11/2016 | Brief amicus curiae of The Business Roundtable filed. |
| 10/11/2016 | Brief amicus curiae of New England Legal Foundation filed. |
| 11/15/2016 | Order further extending time to file response to petition to and including November 21, 2016. |
| 11/21/2016 | Brief of respondents Stephen Morris, et al. in support of granting the petition for a writ of certiorari filed. |
| 12/06/2016 | Reply of petitioners Ernst & Young LLP, et al. filed. |
| 12/07/2016 | DISTRIBUTED for Conference of January 6, 2017. |
| 01/09/2017 | DISTRIBUTED for Conference of January 13, 2017. |
| 01/13/2017 | Petition GRANTED The petition for a writ of certiorari in Nos. 16-285 and 16-307 are granted. The cases are consolidated and a total of one hour is allotted for oral argument. |
| 01/25/2017 | The following briefing schedule is adopted: Petitioners in Nos. 16-285 and 16-300 and respondents in No. 16-307 will file opening and reply briefs under the schedule set forth in Rules 25.1 and 25.3. Respondents in Nos. 16-285 and 16-300 and petitioner in No. 16-307 will file response briefs under the schedule set forth in Rule 25.2. VIDED. |
| 02/02/2017 | Consent to the filing of amicus curiae briefs,in support of either party or of neither party, received from counsel for the petitioners Ernst & Young LLP, et al. |
| 02/21/2017 | The time to file the joint appendix and the opening briefs is extended to and including April 28, 2017. VIDED. |
| 02/21/2017 | The time to file the response briefs is extended to and including July 27, 2017. VIDED. |
| 04/13/2017 | Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for respondents Morris, et al. |
| 04/28/2017 | The time to file the joint appendix and the opening briefs is further extended to and including June 9, 2017. VIDED. |
| 04/28/2017 | The time to file the response briefs is further extended to and including August 9, 2017. VIDED. |
| 06/09/2017 | Joint appendix for Ernst & Young LLP, et al. filed. (Statement of costs filed.) |
| 06/09/2017 | Brief of petitioners Ernst & Young LLP, et al. filed. |
| 06/16/2017 | Brief amicus curiae of Bristol Farms filed. VIDED |
| 06/16/2017 | Brief amici curiae of Law Professors filed. VIDED. |
| 06/16/2017 | Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED. |
| 06/16/2017 | Brief amicus curiae of the United States supporting Petitioners in Nos. 16-285 and 16-300 and supporting Respondents in No. 16-307 filed. VIDED. |
| 06/16/2017 | Brief amicus curiae of Retail Litigation Center, Inc. filed. VIDED. |
| 06/16/2017 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED. |
| 06/16/2017 | Brief amicus curiae of Business Roundtable supporting Epic Systems Corp., Ernst & Young LLP, and Murphy Oil USA, Inc. filed. VIDED. |
| 06/16/2017 | Brief amicus curiae of The Employers Group in support of Petitioners in Nos. 16-285 and 16-300 and Respondent Murphy Oil in No. 16-307 filed. VIDED. |
| 06/16/2017 | Brief amicus curiae of Washington Legal Foundation in support of Petitioners in Nos. 16-285 and 16-300 and Respondent Murphy Oil USA,Inc. in No.16-307 filed. VIDED. |
| 06/16/2017 | Brief amicus curiae of HR Policy Association filed. VIDED. |
| 06/16/2017 | Brief amicus curiae of Atlantic Legal Foundation filed. VIDED. |
| 06/16/2017 | Brief amicus curiae of DRI-Voice of the Defense Bar filed. VIDED. |
| 06/16/2017 | Brief amicus curiae of International Association of Defense Counsel filed. VIDED. |
| 06/16/2017 | Brief amici curiae of American Staffing Association, et al. filed. VIDED. |
| 06/16/2017 | Brief amicus curiae of Mortgage Bankers Association and State Mortgage Lending Assocaions filed. VIDED. |
| 06/16/2017 | Brief amicus curiae of New England Legal Foundation filed. VIDED. |
| 06/16/2017 | Brief amici curiae of Council on Labor Law Equality, et al. filed. VIDED. |
| 07/19/2017 | SET FOR ARGUMENT on Monday, October 2, 2017. VIDED. |
| 08/01/2017 | Record requested from the U.S.C.A. 9th Circuit. |
| 08/01/2017 | Records from the U.S.C.A. 9th Circuit are electronic and located on PACER. |
| 08/09/2017 | Brief of respondents Stephen Morris, et al. filed. (Distributed) |
| 08/10/2017 | Brief amicus curiae of National Academy of Arbitrators filed. VIDED. |
| 08/14/2017 | CIRCULATED. |
| 08/15/2017 | Brief amici curiae of Ten International Labor Unions, et al. filed. VIDED. (Distributed) |
| 08/16/2017 | Statement of amici in support of motion of NLRB for divided argument filed. VIDED. |
| 08/16/2017 | Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed) |
| 08/16/2017 | Brief amici curiae of Labor Law Professors filed. VIDED. (Distributed) |
| 08/16/2017 | Motion for divided argument filed by NLRB. VIDED. |
| 08/16/2017 | Brief amici curiae of Maryland, et al. filed. VIDED. (Distributed) |
| 08/16/2017 | Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. VIDED. (Distributed) |
| 08/16/2017 | Brief amici curiae of Main Street Alliance, et al. filed. VIDED. (Distributed) |
| 08/16/2017 | Brief amicus curiae of American Association for Justice filed. VIDED. (Distributed) |
| 08/16/2017 | Brief amicus curiae of Public Citizen, Inc. filed. VIDED. (Distributed) |
| 08/16/2017 | Brief amicus curiae of Susan Fowler filed. VIDED. (Distributed) |
| 08/16/2017 | Brief amicus curiae of New York Taxi Workers Alliance filed. VIDED. (Distributed) |
| 08/16/2017 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 09/08/2017 | Reply of petitioners Ernst & Young, et al. filed. (Distributed) |
| 09/25/2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 09/25/2017 | Motion for divided argument filed by NLRB GRANTED. |
| 10/02/2017 | Argued. For petitioners in Nos. 16-285 & 16-300: Paul D. Clement, Washington, D. C.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For petitioner, acting as respondent, in No. 16-307: Richard F. Griffin, Jr., Washington, D. C. For respondents in Nos. 16-285 & 16-300: Daniel R. Ortiz, Charlottesville, Va. VIDED. |
| 10/03/2017 | Letter of NLRB regarding oral argument filed. VIDED. (Distributed) |
| 05/21/2018 | Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a concurring opinion. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined. VIDED. |
| 06/22/2018 | JUDGMENT ISSUED. |