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E.M.D. Sales, Inc. v. Carrera

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
23-217 4th Cir. TBD TBD TBD TBD TBD

Issue: Whether the burden of proof that employers must satisfy to demonstrate the applicability of a Fair Labor Standards Act exemption is a mere preponderance of the evidence or clear and convincing evidence. CVSG: 5/7/2024

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 05 2023Petition for a writ of certiorari filed. (Response due October 10, 2023)
Oct 03 2023Waiver of right of respondent Faustino Sanchez Carrera, et al. to respond filed.
Oct 06 2023Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Oct 10 2023Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Oct 11 2023DISTRIBUTED for Conference of 10/27/2023.
Oct 12 2023Response Requested. (Due November 13, 2023)
Nov 07 2023Brief of respondents Faustino Sanchez Carrera, et al. in opposition filed.
Nov 13 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Nov 13 2023Reply of petitioners E.M.D. Sales, Inc., et al. filed. (Distributed)
Nov 14 2023DISTRIBUTED for Conference of 12/1/2023.
Dec 01 2023Rescheduled.
Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
Dec 11 2023The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 07 2024Brief amicus curiae of United States filed.
May 20 2024Supplemental brief of respondents Faustino Sanchez Carrera, et al. filed. (Distributed)
May 21 2024DISTRIBUTED for Conference of 6/6/2024.
May 21 2024Supplemental brief of petitioners E.M.D. Sales, Inc., et al. filed. (Distributed)
Jun 10 2024DISTRIBUTED for Conference of 6/13/2024.