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New Prime Inc. v. Oliveira

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-340	1st Cir.	Oct 3, 2018 Tr.Aud.	Jan 15, 2019	8-0	Gorsuch	OT 2018

Holding: A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.

Judgment: Affirmed, 8-0, in an opinion by Justice Gorsuch on January 15, 2019. Justice Ginsburg filed a concurring opinion. Justice Kavanaugh took no part in the consideration or decision of the case.

SCOTUSblog Coverage

Opinion analysis: Justices uphold arbitration exemption for transportation workers in rare victory for arbitration opponents (Ronald Mann)
OT2018 #2: "Alea Iacta Est" (First Mondays)
Argument analysis: Justices dubious about enforcing arbitration agreements for transportation workers (Ronald Mann)
OT2018 #1: "Rearranging Deck Chairs" (First Mondays)
Argument preview: Justices to consider enforceability of arbitration agreements for transportation workers (Ronald Mann)
Justices add three cases to merits docket, but deny review in DACA-termination case (Amy Howe)
Petition of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Sep 06 2017	Petition for a writ of certiorari filed. (Response due October 6, 2017)
Sep 21 2017	Order extending time to file response to petition to and including November 6, 2017.
Oct 06 2017	Brief amicus curiae of American Trucking Associations, Inc. filed.
Oct 06 2017	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Oct 27 2017	Order further extending time to file response to petition to and including November 20, 2017.
Nov 20 2017	Brief of respondent Dominic Oliveira in opposition filed.
Dec 01 2017	Reply of petitioner New Prime Inc. filed.
Dec 06 2017	DISTRIBUTED for Conference of 1/5/2018.
Jan 04 2018	Rescheduled.
Jan 08 2018	DISTRIBUTED for Conference of 1/12/2018.
Jan 16 2018	DISTRIBUTED for Conference of 1/19/2018.
Feb 05 2018	DISTRIBUTED for Conference of 2/16/2018.
Feb 20 2018	DISTRIBUTED for Conference of 2/23/2018.
Feb 26 2018	Petition GRANTED.
Mar 06 2018	Motion for an extension of time filed.
Mar 09 2018	Motion to extend the time to file (the joint appendix and petitioner's brief on the merits) granted and the time is extended to and including May 14, 2018. The time to file respondent's brief on the merits is extended to and including July 11, 2018.
May 14 2018	Brief of petitioner New Prime Inc. filed.
May 14 2018	Joint appendix filed. (Statement of cost filed).
May 21 2018	Brief amicus curiae of Cato Institute filed.
May 21 2018	Brief amicus curiae of New England Legal Foundation filed.
May 21 2018	Brief amicus curiae of American Trucking Associations, Inc. filed.
May 21 2018	Brief amicus curiae of Customized Logistics and Delivery Association filed.
May 21 2018	Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Jun 08 2018	Motion for a further extension of time filed.
Jun 20 2018	Motion for a further extension of time to file respondent's brief on the merits granted, and the time is extended to and including July 18, 2018.
Jul 09 2018	SET FOR ARGUMENT On Wednesday, October 3, 2018
Jul 18 2018	Brief of respondent Dominic Oliveira filed.
Jul 20 2018	Motion of New Prime, Inc. for an extension of time not accepted for filing. (July 24, 2018)
Jul 24 2018	Brief amicus curiae of American Association for Justice filed.
Jul 24 2018	Brief amicus curiae of Public Citizen, Inc. filed.
Jul 25 2018	Brief amicus curiae of Sen. Sheldon Whitehouse filed.
Jul 25 2018	Brief amici curiae of Historians filed.
Jul 25 2018	Brief amicus curiae of Constitutional Accountability Center filed.
Jul 25 2018	Brief amici curiae of Massachusetts, et al. filed.
Jul 25 2018	Brief amicus curiae of Employment Law Scholars filed.
Jul 25 2018	Brief amicus curiae of Owner-Operator Independent Drivers Association, Inc. filed.
Jul 25 2018	Brief amici curiae of International Brotherhood of Teamsters, et al. filed.
Jul 25 2018	Brief amici curiae of Statutory Construction Scholars filed.
Jul 25 2018	Application (18A99) to extend the time to file a reply brief on the merits from August 17, 2018 to August 24, 2018, submitted to Justice Breyer.
Jul 25 2018	Brief amici curiae of Steve Viscelli, et al. filed.
Jul 30 2018	Application (18A99) granted by Justice Breyer extending the time to file petitioner's reply brief on the merits to and including August 24, 2018.
Aug 03 2018	CIRCULATED
Aug 07 2018	Record requested from the U.S.C.A. 1st Circuit.
Aug 08 2018	Record for the U.S.C.A. 1st Circuit is electronic and located on PACER.
Aug 14 2018	Record received from U.S.C.A. 1st Circuit. 1 envelope.
Aug 22 2018	Reply of petitioner New Prime, Inc. filed. (Distributed)
Oct 03 2018	Argued. For petitioner: Theodore J. Boutrous, Jr., Los Angeles, Cal. For respondent: Jennifer D. Bennett, Oakland, Cal.

Featured Posts

Opinion analysis: Justices uphold arbitration exemption for transportation workers in rare victory for arbitration opponents – Ronald Mann

Argument analysis: When is the government not really the government for immunity from tort liability? – Gregory Sisk

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This Week at the Court
The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
On Tuesday, the justices released their opinions in New Prime Inc. v. Oliveira and Stokeling v. United States.
On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
On Tuesday, the justices heard oral argument in Home Depot U.S.A. Inc. v. Jackson and Azar v. Allina Health Services.
On Wednesday, the justices hear oral argument in Knick v. Township of Scott and Tennessee Wine & Spirits Retailers Association v. Blair.
On Friday, the justices meet for their January 18 conference.
Recent Decisions
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
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- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
- City of Escondido, California v. Emmons The U.S. Court of Appeals for the 9th Circuit failed to conduct the analysis required by Supreme Court precedents in determining whether two Escondido police officers were entitled to qualified immunity.
- Shoop v. Hill Because Danny Hill’s intellectual disability claim must be evaluated based solely on holdings of the Supreme Court that were clearly established at the time the state-court decisions were rendered, the U.S. Court of Appeals for the 6th Circuit’s reliance on Moore v. Texas -- which was handed down much later -- was plainly improper.
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Cases argued 41

Cases decided 9

Summary reversals 2

Merits cases granted to date 73

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Jan. 2019

Su	Mo	Tu	We	Th	Fr	Sa
		1 Holiday	2	3	4 Conference	5
6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
20	21 Holiday	22 Orders	23	24	25	26
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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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Cases argued	41
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Editor's Note :

New Prime Inc. v. Oliveira

SCOTUSblog Coverage

Featured Posts

Opinion analysis: Justices uphold arbitration exemption for transportation workers in rare victory for arbitration opponents – Ronald Mann

Argument analysis: When is the government not really the government for immunity from tort liability? – Gregory Sisk

Argument analysis: Quiescent bench dubious about broad fee awards in copyright cases – Ronald Mann

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Conference of January 11, 2019

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Jan. 2019

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award