New Prime Inc. v. Oliveira

Editor's Note :

New Prime Inc. v. Oliveira

Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information – Mark Fenster

Opinion analysis: Punitive damages not available under general maritime law in personal-injury unseaworthiness action – Joel Goldstein

Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down – Megan Carpenter

SCOTUSblog Coverage

SCOTUSblog Coverage

June 2019

Featured Posts

Sponsored by Casetext

SCOTUStalk see all

Email Digest Sign-Up

Merits Case Pages and Archives

Major Cases

Recent Decisions

Current Relists

Recent Special Features

Live Blog Archives

Merits Docket OT18 (June 24, 2019)

Merits Cases by Sitting

Majority Opinions by Author

Voting Breakdown Argued Cases

Majority Lineup 5-4 Decisions

June 2019

Download our App in the Apple Store

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award

Conference of June 20, 2019

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.

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.

Featured Posts

Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information – Mark Fenster

Opinion analysis: Punitive damages not available under general maritime law in personal-injury unseaworthiness action – Joel Goldstein

Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down – Megan Carpenter
Sponsored by Casetext
SCOTUStalk see all
Email Digest Sign-Up
Receive a daily email digest from Feedburner by entering your email.
Merits Case Pages and Archives

Archives

or

This Week at the Court
On Monday, the Supreme Court released orders from the June 20 conference; the justices granted eight new cases, for a total of five hours of oral argument next term: Guerrero-Lasprilla v. Barr, Ovalles v. Barr, Dex Media Inc. v. Click-To-Call Technologies, LP, Maine Community Health Options v. United States, Moda Health Plan Inc. v. United States, Land of Lincoln Mutual Health Insurance Co. v. United States, Georgia v. Public.Resource.Org Inc. and Banister v. Davis.
Also on Monday, the justices released their opinions in four argued cases: United States v. Davis, Food Marketing Institute v. Argus Leader Media, Iancu v. Brunetti and The Dutra Group v. Batterton.
The Supreme Court will release opinions in one or more argued cases on Wednesday at 10 a.m.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  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.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
- Gamble v. United States
see all this term’s cases »
Recent Decisions
- Food Marketing Institute v. Argus Leader Media Where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of 5 U. S. C. §552(b)(4), the Freedom of Information Act’s Exemption 4.
- Iancu v. Brunetti The Lanham Act prohibition on the registration of “immoral” or “scandalous” trademarks infringes the First Amendment.
- The Dutra Group v. Batterton A plaintiff may not recover punitive damages on a maritime claim of unseaworthiness.
- United States v. Davis Title 18 U. S. C. §924(c)(3)(B), which provides enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
- Kelly v. United States Whether a public official “defraud[s]” the government of its property by advancing a “public policy reason” for an official decision that is not her subjective “real reason” for making the decision.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 69

Cases decided 61

Summary reversals 5

Merits cases granted to date 74

see all »
Live Blog Archives
See all
Twitter Feed

Tweets by @SCOTUSblog

Merits Docket OT18 (June 24, 2019)
Merits Cases by Sitting
Majority Opinions by Author
Voting Breakdown Argued Cases
Majority Lineup 5-4 Decisions

Full Calendar Submit Event

Orders/Opinions
Arguments
Conferences

Events
Holidays
Multiple

Download our App in the Apple Store
Videos see all

Justice Thomas at the Supreme Court Historical Society

On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

Cases argued	69
Cases decided	61
Summary reversals	5
Merits cases granted to date	74

3
Orders
Opinions

6
Conference

10
Orders
Opinions

13
Conference

17
Orders
Opinions

20
Conference
Opinions

24
Orders
Opinions