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National Labor Relations Board v. Murphy Oil USA, Inc.

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
16-307 5th Cir. Oct 2, 2017
Tr.Aud.
TBD TBD TBD OT 2017

Issue: Whether arbitration agreements with individual employees that bar them from pursuing work-related claims on a collective or class basis in any forum are prohibited as an unfair labor practice under 29 U.S.C. § 158(a)(1), because they limit the employees' right under the National Labor Relations Act to engage in “concerted activities” in pursuit of their “mutual aid or protection,” 29 U.S.C. § 157, and are therefore unenforceable under the savings clause of the Federal Arbitration Act, 9 U.S.C. § 2.

SCOTUSblog Coverage

DateProceedings and Orders
Aug 01 2016Application (16A112) to extend the time to file a petition for a writ of certiorari from August 11, 2016 to September 9, 2016, submitted to Justice Thomas.
Aug 10 2016Application (16A112) granted by Justice Thomas extending the time to file until September 9, 2016.
Sep 09 2016Petition for a writ of certiorari filed. (Response due October 11, 2016)
Sep 22 2016Order extending time to file response to petition to and including November 10, 2016.
Oct 11 2016Brief amicus curiae of The Chamber of Commerce of the United States filed.
Oct 11 2016Brief amicus curiae of Public Citizen, Inc. filed.
Nov 10 2016Brief of respondent Murphy Oil USA, Inc. in opposition filed.
Nov 30 2016DISTRIBUTED for Conference of January 6, 2017.
Nov 30 2016Reply of petitioner National Labor Relations Board filed. (Distributed)
Jan 09 2017DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017Petition GRANTED The petition for a writ of certiorari in Nos. 16-285 and 16-300 are granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Jan 25 2017The 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.
Feb 21 2017The time to file the joint appendix and the opening briefs is extended to and including April 28, 2017. VIDED.
Feb 21 2017The time to file the response briefs is extended to and including July 27, 2017. VIDED.
Apr 11 2017Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for respondents filed.
Apr 13 2017Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for respondent in support Sheila M. Hobson.
Apr 28 2017The time to file the joint appendix and the opening briefs is further extended to and including June 9, 2017. VIDED.
Apr 28 2017The time to file the response briefs is further extended to and including August 9, 2017. VIDED.
Jun 09 2017Joint appendix for Murphy Oil USA, Inc., et al. filed. (Statement of costs filed.)
Jun 09 2017Brief of Petitioner Epic Systems Corporation and Respondent Murphy Oil USA, Inc. filed. VIDED.
Jun 15 2017Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for National Labor Relations Board.
Jun 16 2017Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.
Jun 16 2017Brief amicus curiae of United States supporting Petitioners in Nos. 16-285 and 16-300 and supporting Respondents in No. 307 filed. VIDED.
Jun 16 2017Brief amicus curiae of The Chamber of Commerce of the United States of America filed. VIDED.
Jun 16 2017Brief amicus curiae of The Business Roundtable supporting Epic Systems Corp., Ernst & Young LLP, and Murphy Oil USA, Inc. filed. VIDED.
Jun 16 2017Brief 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.
Jun 16 2017Brief 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.
Jun 16 2017Brief amicus curiae of Retail Litigation Center, Inc. in support of Petitioners in Nos. 16-285 and 16-300 and Respondent in No.16-307 filed.
Jun 16 2017Brief amicus curiae of HR Policy Association filed. VIDED.
Jun 16 2017Brief amicus curiae of Atlantic Legal Foundation filed. VIDED.
Jun 16 2017Brief amici curiae of Law Professors filed. VIDED.
Jun 16 2017Brief amicus curiae of DRI-The Voice of the Defense Bar filed. VIDED.
Jun 16 2017Brief amicus curiae of International Association of Defense Counsel filed. VIDED.
Jun 16 2017Brief amici curiae of American Staffing Association, et al. filed. VIDED.
Jun 16 2017Brief amicus curiae of Bristol Farms filed. VIDED.
Jun 16 2017Brief amici curiae of Mortgage Bankers Association and State Mortgage Lending Association filed. VIDED.
Jun 16 2017Brief amicus curiae of New England Legal Foundation filed. VIDED.
Jun 16 2017Brief amici curiae of Council on Labor Law Equality, et al. filed. VIDED.
Jul 19 2017SET FOR ARGUMENT on Monday, October 2, 2017. VIDED.
Aug 01 2017Record requested from the U.S.C.A. 5th Circuit.
Aug 08 2017Brief of respondent Sheila Hobson in support of NLRB filed.
Aug 09 2017Brief of National Labor Relations Board filed.
Aug 10 2017Brief amicus curiae of National Academy of Arbitrators filed. VIDED.
Aug 11 2017Record received from the U.S.C.A. 5th Circuit is electronic.
Aug 14 2017CIRCULATED.
Aug 15 2017Brief amici curiae of Ten International Labor Unions, et al. filed. VIDED. (Distributed)
Aug 16 2017Statement of amici in support of motion of NLRB for divided argument filed. VIDED.
Aug 16 2017Brief amici curiae of Labor Law Professors filed. VIDED. (Distributed)
Aug 16 2017Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed)
Aug 16 2017Motion for divided argument filed by NLRB. VIDED.
Aug 16 2017Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Aug 16 2017Brief amici curiae of Maryland, et al. filed. VIDED. (Distributed)
Aug 16 2017Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. VIDED. (Distributed)
Aug 16 2017Brief amici curiae of Main Street Alliance, et al. filed. VIDED. (Distributed)
Aug 16 2017Brief amicus curiae of American Association for Justice filed. VIDED. (Distributed)
Aug 16 2017Brief amicus curiae of Public Citizen, Inc. filed. VIDED. (Distributed)
Aug 16 2017Brief amicus curiae of Susan Fowler filed. VIDED. (Distributed)
Aug 16 2017Brief amicus curiae of New York Taxi Workers Alliance filed. VIDED. (Distributed)
Sep 11 2017Reply of petitioner Epic Systems Corporation and respondent Murphy Oil USA, Inc. filed. VIDED (Distributed)
Sep 25 2017Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 25 2017Motion for divided argument filed by NLRB GRANTED.
Oct 02 2017Argued. 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.
Oct 03 2017Letter of NLRB regarding oral argument filed. VIDED. (Distributed)
 
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