New Prime Inc. v. Oliveira
| 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
- OT2018 #15: "Second Best Opinion" (First Mondays, January 21, 2019)
- Opinion analysis: Justices uphold arbitration exemption for transportation workers in rare victory for arbitration opponents (Ronald Mann, January 15, 2019)
- OT2018 #2: "Alea Iacta Est" (First Mondays, October 8, 2018)
- Argument analysis: Justices dubious about enforcing arbitration agreements for transportation workers (Ronald Mann, October 3, 2018)
- OT2018 #1: "Rearranging Deck Chairs" (First Mondays, October 1, 2018)
- Argument preview: Justices to consider enforceability of arbitration agreements for transportation workers (Ronald Mann, September 26, 2018)
- Justices add three cases to merits docket, but deny review in DACA-termination case (Amy Howe, February 26, 2018)
- Petition of the day (Aurora Barnes, October 2, 2017)
| Date | Proceedings and Orders |
|---|---|
| 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 American Trucking Associations, Inc. filed. |
| May 21 2018 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| May 21 2018 | Brief amicus curiae of New England Legal Foundation filed. |
| May 21 2018 | Brief amicus curiae of Customized Logistics and Delivery Association 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 Employment Law 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 amicus curiae of Sen. Sheldon Whitehouse filed. |
| Jul 25 2018 | Brief amicus curiae of Constitutional Accountability Center filed. |
| Jul 25 2018 | Brief amicus curiae of Owner-Operator Independent Drivers Association, Inc. filed. |
| Jul 25 2018 | Brief amici curiae of Steve Viscelli, et al. filed. |
| Jul 25 2018 | Brief amici curiae of Historians filed. |
| Jul 25 2018 | Brief amici curiae of International Brotherhood of Teamsters, et al. filed. |
| Jul 25 2018 | Brief amici curiae of Massachusetts, et al. filed. |
| Jul 25 2018 | Brief amici curiae of Statutory Construction Scholars 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. |
| Jan 15 2019 | Adjudged 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 2019 | JUDGMENT ISSUED. |
| Aug 05 2019 | The record from the U.S.C.A. 1st Circuit has been returned. |
