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E.I. DuPont de Nemours and Co. v. Smiley

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Petition for certiorari denied on June 28, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
16-1189 3d Cir. N/A N/A N/A N/A OT 2017

Issues: (1) Whether the Fair Labor Standards Act prohibits an employer from using compensation paid to employees for non-compensable, bona fide meal breaks that it included in their regular rate of pay as a credit against compensation owed for work time; and (2) whether an agency's interpretation of a statute advanced for the first time in litigation is entitled to Skidmore v. Swift & Co. deference.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 24 2017Application (16A755) to extend the time to file a petition for a writ of certiorari from February 28, 2017 to March 30, 2017, submitted to Justice Sotomayor (Justice Alito is recused).
Feb 07 2017Application (16A755) granted by Justice Sotomayor extending the time to file until March 30, 2017.
Mar 30 2017Petition for a writ of certiorari filed. (Response due May 3, 2017)
Apr 28 2017Brief of respondents Bobbi-Jo Smiley, et al. in opposition filed.
May 01 2017Motion for leave to file amicus brief filed by The Cato Institute.
May 03 2017Motion for leave to file amici brief filed by Pacific Legal Foundation, et al .
May 12 2017Reply of petitioners E.I. DuPont de Nemours and Company, et al. filed.
May 16 2017DISTRIBUTED for Conference of June 1, 2017.
May 24 2017Rescheduled.
Jun 05 2018DISTRIBUTED for Conference of 6/21/2018.
Jun 27 2018DISTRIBUTED for Conference of 6/27/2018.
Jun 28 2018Motion for leave to file amicus brief filed by The Cato Institute GRANTED. Justice Alito took no part in the consideration or decision of this motion.
Jun 28 2018Motion for leave to file amici brief filed by Pacific Legal Foundation, et al GRANTED. Justice Alito took no part in the consideration or decision of this motion.
Jun 28 2018Petition DENIED. Statement of Justice Gorsuch, with whom The Chief Justice and Justice Thomas join, respecting the denial of certiorari. Justice Alito took no part in the consideration or decision of this petition. (Detached Opinion)