Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

FTS USA, LLC v. Monroe

Docket No. Op. Below Argument Opinion Vote Author Term
16-204 6th Cir. TBD TBD TBD TBD OT 2016

Issue: (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 the putative plaintiffs, without either any statistical or other similarly reliable showing that the experiences of those who testified are typical and can 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 Sixth Circuit, in which the district court unilaterally determined damages without any jury finding, violates the Seventh Amendment.

SCOTUSblog Coverage

DateProceedings and Orders
Jun 17 2016Application (15A1276) to extend the time to file a petition for a writ of certiorari from July 4, 2016 to August 14, 2016, submitted to Justice Kagan.
Jun 17 2016Application (15A1276) granted by Justice Kagan extending the time to file until August 14, 2016.
Aug 12 2016Petition for a writ of certiorari filed. (Response due September 12, 2016)
Sep 8 2016Order extending time to file response to petition to and including October 13, 2016.
Oct 3 2016Order further extending time to file response to petition to and including November 10, 2016.
Nov 10 2016Brief of respondents Edward Monroe, et al., Individually and on Behalf of All Others Similarly Situated in opposition filed.
Nov 21 2016DISTRIBUTED for Conference of December 9, 2016.
Nov 21 2016Reply of petitioners FTS USA, LLC and UniTek USA, LLC filed.
Dec 12 2016Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. ____ (2016).
Term Snapshot