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 3, 2017)
| Date | Proceedings and Orders |
|---|---|
| 09/06/2017 | Petition for a writ of certiorari filed. (Response due October 6, 2017) |
| 09/21/2017 | Order extending time to file response to petition to and including November 6, 2017. |
| 10/06/2017 | Brief amicus curiae of American Trucking Associations, Inc. filed. |
| 10/06/2017 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| 10/27/2017 | Order further extending time to file response to petition to and including November 20, 2017. |
| 11/20/2017 | Brief of respondent Dominic Oliveira in opposition filed. |
| 12/01/2017 | Reply of petitioner New Prime Inc. filed. |
| 12/06/2017 | DISTRIBUTED for Conference of 1/5/2018. |
| 01/04/2018 | Rescheduled. |
| 01/08/2018 | DISTRIBUTED for Conference of 1/12/2018. |
| 01/16/2018 | DISTRIBUTED for Conference of 1/19/2018. |
| 02/05/2018 | DISTRIBUTED for Conference of 2/16/2018. |
| 02/20/2018 | DISTRIBUTED for Conference of 2/23/2018. |
| 02/26/2018 | Petition GRANTED. |
| 03/06/2018 | Motion for an extension of time filed. |
| 03/09/2018 | 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. |
| 05/14/2018 | Brief of petitioner New Prime Inc. filed. |
| 05/14/2018 | Joint appendix filed. (Statement of cost filed). |
| 05/21/2018 | Brief amicus curiae of Cato Institute filed. |
| 05/21/2018 | Brief amicus curiae of American Trucking Associations, Inc. filed. |
| 05/21/2018 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| 05/21/2018 | Brief amicus curiae of New England Legal Foundation filed. |
| 05/21/2018 | Brief amicus curiae of Customized Logistics and Delivery Association filed. |
| 06/08/2018 | Motion for a further extension of time filed. |
| 06/20/2018 | 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. |
| 07/09/2018 | SET FOR ARGUMENT On Wednesday, October 3, 2018 |
| 07/18/2018 | Brief of respondent Dominic Oliveira filed. |
| 07/20/2018 | Motion of New Prime, Inc. for an extension of time not accepted for filing. (July 24, 2018) |
| 07/24/2018 | Brief amicus curiae of American Association for Justice filed. |
| 07/24/2018 | Brief amicus curiae of Public Citizen, Inc. filed. |
| 07/25/2018 | Brief amicus curiae of Employment Law Scholars filed. |
| 07/25/2018 | 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. |
| 07/25/2018 | Brief amicus curiae of Sen. Sheldon Whitehouse filed. |
| 07/25/2018 | Brief amicus curiae of Constitutional Accountability Center filed. |
| 07/25/2018 | Brief amicus curiae of Owner-Operator Independent Drivers Association, Inc. filed. |
| 07/25/2018 | Brief amici curiae of Steve Viscelli, et al. filed. |
| 07/25/2018 | Brief amici curiae of Historians filed. |
| 07/25/2018 | Brief amici curiae of International Brotherhood of Teamsters, et al. filed. |
| 07/25/2018 | Brief amici curiae of Massachusetts, et al. filed. |
| 07/25/2018 | Brief amici curiae of Statutory Construction Scholars filed. |
| 07/30/2018 | Application (18A99) granted by Justice Breyer extending the time to file petitioner's reply brief on the merits to and including August 24, 2018. |
| 08/03/2018 | CIRCULATED |
| 08/07/2018 | Record requested from the U.S.C.A. 1st Circuit. |
| 08/08/2018 | Record for the U.S.C.A. 1st Circuit is electronic and located on PACER. |
| 08/14/2018 | Record received from U.S.C.A. 1st Circuit. 1 envelope. |
| 08/22/2018 | Reply of petitioner New Prime, Inc. filed. (Distributed) |
| 10/03/2018 | Argued. For petitioner: Theodore J. Boutrous, Jr., Los Angeles, Cal. For respondent: Jennifer D. Bennett, Oakland, Cal. |
| 01/15/2019 | 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. |
| 02/19/2019 | JUDGMENT ISSUED. |
| 08/05/2019 | The record from the U.S.C.A. 1st Circuit has been returned. |