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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

OT2018 #15: "Second Best Opinion" (First Mondays)
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 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.

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The Supreme Court released orders from the April 18 conference on Monday; the justices agreed to decide Bostock v. Clayton County, Georgia, consolidated with Altitude Express Inc. v. Zarda, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., and Barton v. Barr. The justices also called for the views of the U.S. solicitor general in Putnam Investments, LLC v. Brotherston.
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  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
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New Prime Inc. v. Oliveira

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