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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.

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.