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Epic Systems Corp. v. Lewis

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
16-285 7th Cir. Oct 2, 2017 May 21, 2018 5-4 Gorsuch OT 2017

Holding: Congress has instructed in the Federal Arbitration Act that arbitration agreements providing for individualized proceedings must be enforced, and neither the Arbitration Act’s saving clause nor the National Labor Relations Act suggests otherwise.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Gorsuch on May 21, 2018. Justice Thomas filed a concurring opinion. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 25 2016Application (16A93) to extend the time to file a petition for a writ of certiorari from August 24, 2016 to September 23, 2016, submitted to Justice Kagan.
Jul 29 2016Application (16A93) granted by Justice Kagan extending the time to file until September 23, 2016.
Sep 02 2016Petition for a writ of certiorari filed. (Response due October 3, 2016)
Sep 07 2016Consent to filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Sep 20 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
Sep 29 2016Order extending time to file response to petition to and including November 14, 2016.
Sep 30 2016Brief amicus curiae of Pacific Legal Foundation filed.
Sep 30 2016Brief amicus curiae of International Association of Defense Counsel filed.
Oct 03 2016Brief amicus curiae of Equal Employment Advisory Council filed.
Oct 03 2016Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.
Oct 03 2016Brief amicus curiae of Chamber of Commerce of the United States filed.
Oct 03 2016Brief amicus curiae of New England Legal Foundation filed.
Oct 03 2016Brief amicus curiae of Atlantic Legal Foundation filed.
Nov 14 2016Brief of respondent Jacob Lewis in opposition filed.
Nov 29 2016Reply of petitioner Epic Systems Corporation filed.
Nov 30 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 09 2017DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017Petition GRANTED The petition for a writ of certiorari in Nos. 16-300 and 16-307 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 20 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Respondent.
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 of neither party, received from counsel for the petitioner.
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 07 2017Motion to dispense with printing the joint appendix filed by petitioner Epic Systems Corporation.
Jun 09 2017Brief of petitioner Petitioner Epic Systems Corporation and Respondent Murphy Oil USA, Inc. filed. VIDED.
Jun 16 2017Brief amicus curiae of Equal Employment Advisory Council filed.
Jun 16 2017Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.
Jun 16 2017Brief amicus curiae of The Retail Litigation Center, Inc. filed. VIDED.
Jun 16 2017Brief amicus curiae of the 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 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 in support of the Respondent Murphy Oil USA 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 in No.16-307 filed. VIDED.
Jun 16 2017Brief amicus curiae of Pacific Legal Foundation 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 amicus curiae of Law Professors filed. VIDED.
Jun 16 2017Brief amici curiae of Mortgage Bankers Association and State Mortgage Lending Association 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 amicus curiae of New England Legal Foundation filed. VIDED.
Jun 16 2017Brief amicus curiae of DRI-The Voice of the Defense Bar 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. 7th Circuit.
Aug 02 2017Record received from the U.S.C.A. 7th Circuit is located on PACER with the exception of SEALED documents which are electronic.
Aug 09 2017Brief of respondent Jacob Lewis filed.
Aug 09 2017Record received from the U.S.D.C. Northern Dist. of Illinois is electronic.
Aug 10 2017Brief amicus curiae of National Academy of Arbitrators filed. VIDED.
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 amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed)
Aug 16 2017Brief amici curiae of Labor Law Professors 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)
Aug 25 2017Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 08 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)
May 21 2018Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a concurring opinion. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined. VIDED.
Jun 22 2018JUDGMENT ISSUED.