Parker Drilling Management Services, Ltd. v. Newton

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Parker Drilling Management Services, Ltd. v. Newton

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

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
18-389	9th Cir.	Apr 16, 2019 Tr.Aud.	Jun 10, 2019	9-0	Thomas	OT 2018

Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the petitioner in this case.

Holding: Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Thomas on June 10, 2019.

Opinion analysis: Court carves out narrow role for state law on the outer continental shelf (Andrew Siegel)
A "view" from the courtroom: Return to sender (Mark Walsh)
Argument analysis: Justices worry about extending California wage-and-hours laws to offshore drilling platforms (Andrew Siegel)
Argument preview: The interplay of state and federal law on the outer continental shelf (Andrew Siegel)
Eight new grants, Ginsburg recovery from surgery “on track” (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Jun 28 2018	Application (18A20) to extend the time to file a petition for a writ of certiorari from July 26, 2018 to August 27, 2018, submitted to Justice Kennedy.
Jul 05 2018	Application (18A20) granted by Justice Kennedy extending the time to file until August 27, 2018.
Aug 07 2018	Application (18A20) to extend further the time from August 27, 2018 to September 24, 2018, submitted to The Chief Justice.
Aug 08 2018	Application (18A20) granted by The Chief Justice extending the time to file until September 24, 2018.
Sep 24 2018	Petition for a writ of certiorari filed. (Response due October 26, 2018)
Oct 10 2018	Blanket Consent filed by Petitioner, Parker Drilling Management Services, Ltd.
Oct 17 2018	Motion to extend the time to file a response from October 26, 2018 to November 26, 2018, submitted to The Clerk.
Oct 19 2018	Motion to extend the time to file a response is granted and the time is extended to and including November 26, 2018.
Oct 26 2018	Brief amici curiae of Freeport-McMoRan Oil & Gas et al. filed.
Oct 26 2018	Brief amicus curiae of Washington Legal Foundation filed.
Oct 26 2018	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Nov 26 2018	Brief of respondent Brian Newton in opposition filed.
Dec 11 2018	Reply of petitioner Parker Drilling Management Services, Ltd. filed.
Dec 12 2018	DISTRIBUTED for Conference of 1/4/2019.
Jan 07 2019	DISTRIBUTED for Conference of 1/11/2019.
Jan 11 2019	Petition GRANTED.
Jan 22 2019	Blanket Consent filed by Respondent, Brian Newton
Jan 23 2019	Blanket Consent filed by Petitioner, Parker Drilling Management Services, Ltd..
Feb 11 2019	SET FOR ARGUMENT on Tuesday, April 16, 2019
Feb 20 2019	Joint appendix filed. (Statement of costs received)
Feb 20 2019	Brief of petitioner Parker Drilling Management Services, Ltd. filed.
Feb 27 2019	Brief amicus curiae of United States filed.
Feb 27 2019	Brief amicus curiae of Washington Legal Foundation filed.
Feb 27 2019	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Feb 27 2019	Brief amici curiae of Freeport-McMoRan Oil & Gas LLC, et al. filed.
Mar 20 2019	CIRCULATED
Mar 21 2019	Record requested from the U.S.C.A. 9th Circuit.
Mar 22 2019	Brief of respondent Brian Newton filed. (Distributed)
Mar 27 2019	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 29 2019	Brief amicus curiae of California Applicants' Attorneys Association ("CAAA") filed.
Apr 09 2019	Reply of petitioner Parker Drilling Management Services, Ltd. filed. (Distributed)
Apr 12 2019	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 16 2019	Argued. For petitioner: Paul D. Clement, Washington, D. C.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: David C. Frederick, Washington, D. C.
Jun 10 2019	Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court.

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

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

3
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6
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10
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13
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17
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20
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