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New Prime Inc. v. Oliveira

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Docket No. Op. Below Argument Opinion Vote Author Term
17-340 1st Cir. Oct 3, 2018 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

DateProceedings and Orders (key to color coding)
Sep 06 2017Petition for a writ of certiorari filed. (Response due October 6, 2017)
Sep 21 2017Order extending time to file response to petition to and including November 6, 2017.
Oct 06 2017Brief amicus curiae of American Trucking Associations, Inc. filed.
Oct 06 2017Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Oct 27 2017Order further extending time to file response to petition to and including November 20, 2017.
Nov 20 2017Brief of respondent Dominic Oliveira in opposition filed.
Dec 01 2017Reply of petitioner New Prime Inc. filed.
Dec 06 2017DISTRIBUTED for Conference of 1/5/2018.
Jan 04 2018Rescheduled.
Jan 08 2018DISTRIBUTED for Conference of 1/12/2018.
Jan 16 2018DISTRIBUTED for Conference of 1/19/2018.
Feb 05 2018DISTRIBUTED for Conference of 2/16/2018.
Feb 20 2018DISTRIBUTED for Conference of 2/23/2018.
Feb 26 2018Petition GRANTED.
Mar 06 2018Motion for an extension of time filed.
Mar 09 2018Motion 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 2018Brief of petitioner New Prime Inc. filed.
May 14 2018Joint appendix filed. (Statement of cost filed).
May 21 2018Brief amicus curiae of Cato Institute filed.
May 21 2018Brief amicus curiae of American Trucking Associations, Inc. filed.
May 21 2018Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
May 21 2018Brief amicus curiae of New England Legal Foundation filed.
May 21 2018Brief amicus curiae of Customized Logistics and Delivery Association filed.
Jun 08 2018Motion for a further extension of time filed.
Jun 20 2018Motion 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 2018SET FOR ARGUMENT On Wednesday, October 3, 2018
Jul 18 2018Brief of respondent Dominic Oliveira filed.
Jul 20 2018Motion of New Prime, Inc. for an extension of time not accepted for filing. (July 24, 2018)
Jul 24 2018Brief amicus curiae of American Association for Justice filed.
Jul 24 2018Brief amicus curiae of Public Citizen, Inc. filed.
Jul 25 2018Brief amicus curiae of Employment Law Scholars filed.
Jul 25 2018Application (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 2018Brief amicus curiae of Sen. Sheldon Whitehouse filed.
Jul 25 2018Brief amicus curiae of Constitutional Accountability Center filed.
Jul 25 2018Brief amicus curiae of Owner-Operator Independent Drivers Association, Inc. filed.
Jul 25 2018Brief amici curiae of Steve Viscelli, et al. filed.
Jul 25 2018Brief amici curiae of Historians filed.
Jul 25 2018Brief amici curiae of International Brotherhood of Teamsters, et al. filed.
Jul 25 2018Brief amici curiae of Massachusetts, et al. filed.
Jul 25 2018Brief amici curiae of Statutory Construction Scholars filed.
Jul 30 2018Application (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 2018CIRCULATED
Aug 07 2018Record requested from the U.S.C.A. 1st Circuit.
Aug 08 2018Record for the U.S.C.A. 1st Circuit is electronic and located on PACER.
Aug 14 2018Record received from U.S.C.A. 1st Circuit. 1 envelope.
Aug 22 2018Reply of petitioner New Prime, Inc. filed. (Distributed)
Oct 03 2018Argued. For petitioner: Theodore J. Boutrous, Jr., Los Angeles, Cal. For respondent: Jennifer D. Bennett, Oakland, Cal.
Jan 15 2019Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion of the Court, in which all other Members joined, except Kavanaugh, J., who took no part in the consideration or decision of the case. Ginsburg, J., filed a concurring opinion.
Feb 19 2019JUDGMENT ISSUED.
Aug 05 2019The record from the U.S.C.A. 1st Circuit has been returned.