Editor's Note :

Editor's Note :

The court will release orders from the March 16 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday and Wednesday.
On Monday the court hears oral argument in Sveen v. Melin. Amy Howe has our preview.

FTS USA, LLC v. Monroe

Petition for certiorari denied on February 20, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-637 6th Cir. N/A N/A N/A N/A OT 2017

Issues: (1) Whether the Fair Labor Standards Act and the due process clause permit a collective action to be certified and tried to verdict based on testimony from a small subset of putative plaintiffs without either any statistical or other similarly reliable showing that the experiences of those who testified are typical and can be reliably be extrapolated to the entire class, or a jury finding that the testifying witnesses are representative of the absent plaintiffs; and (2) whether the procedure for determining damages upheld by the U.S. Court of Appeals for the 6th Circuit, in which the district court unilaterally determined damages without any jury finding, violates the Seventh Amendment.

SCOTUSblog Coverage

DateProceedings and Orders
Oct 25 2017Petition for a writ of certiorari filed. (Response due November 30, 2017)
Nov 14 2017Order extending time to file response to petition to and including December 29, 2017.
Dec 29 2017Brief of respondents Edward Monroe, et al. in opposition filed.
Jan 16 2018Reply of petitioners FTS USA, LLC, et al. filed. (Distributed)
Jan 17 2018DISTRIBUTED for Conference of 2/16/2018.
Feb 20 2018Petition DENIED.
Term Snapshot