Sandifer v. United States Steel Corporation

Sandifer v. United States Steel Corporation

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-417	7th Cir.	Nov 4, 2013 Tr.Aud.	Jan 27, 2014	9-0	Scalia	OT 2013

Holding: The time petitioners spend donning and doffing their protective gear is not compensable by operation of the Fair Labor Standards Act, 29 U. S. C. § 203(o).

Judgment: Affirmed, 9-0, in an opinion by Justice Scalia on January 27, 2014. Justice Sotomayor joins the opinion except as to footnote 7.

Opinion analysis: “Clothes” are items commonly regarded as articles of dress (Samuel Bagenstos)
Argument recap: A victory for the ordinary meaning of "clothes"? (Samuel Bagenstos)
Argument preview: "Changing clothes" and overtime pay (Samuel Bagenstos)
Campaign donation issue reopened (Lyle Denniston)
Petition of the day (Mary Pat Dwyer)

Date	Proceedings and Orders (key to color coding)
Sep 10 2012	Petition for a writ of certiorari filed. (Response due November 5, 2012)
Oct 23 2012	Waiver of right of respondent United States Steel Corporation to respond filed.
Oct 29 2012	DISTRIBUTED for Conference of November 20, 2012.
Nov 13 2012	Response Requested . (Due December 13, 2012)
Nov 19 2012	Order extending time to file response to petition to and including January 14, 2013.
Jan 14 2013	Brief of respondent United States Steel Corporation in opposition filed.
Jan 30 2013	DISTRIBUTED for Conference of February 15, 2013.
Jan 30 2013	Reply of petitioners Clifton Sandifer, et al. filed. (Distributed)
Feb 19 2013	Petition GRANTED limited to Question 1 presented by the petition.
Mar 5 2013	Record from U.S.C.A. for 7th Circuit is electronic and located on PACER.
Mar 5 2013	Record from U.S. District Court for the Northern District of Nevada is electronic and located on PACER, with the exception of 1 box of exhibits.
Mar 11 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Mar 25 2013	The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 13, 2013.
Mar 25 2013	The time to file respondent's brief on the merits is extended to and including July 12, 2013.
May 13 2013	Joint appendix filed. (Statement of costs filed.)
May 13 2013	Brief of petitioner Clifton Sandifer, et al. filed.
May 20 2013	Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed.
Jul 10 2013	The time to file respondent's brief on the merits is further extended to and including July 19, 2013.
Jul 19 2013	Brief of respondent United States Steel Corporation filed.
Jul 26 2013	Brief amicus curiae of the United States filed.
Jul 26 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 26 2013	Brief of amicus curiae Grocery Manufacturers Association filed.
Jul 26 2013	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jul 26 2013	Brief amici curiae of American Meat Institute, et al. filed.
Aug 19 2013	CIRCULATED.
Aug 19 2013	Reply of petitioners Clifton Sandifer, et al. filed. (Distributed)
Aug 20 2013	SET FOR ARGUMENT on Monday, November 4, 2013.
Oct 7 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 4 2013	Argued. For petitioners: Eric Schnapper, Seattle, Wash. For respondent: Lawrence C. DiNardo, Chicago, Ill.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jan 27 2014	Adjudged to be AFFIRMED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, Alito, and Kagan, JJ., joined, and in which Sotomayor, J., joined except as to footnote 7.
Feb 28 2014	JUDGMENT ISSUED.
Aug 5 2014	Record returned for U.S.D.C. Northern District of Indiana (Hammond Division of Lafayette) has been returned.

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Relist Watch – John Elwood

Opinion analysis: Justices narrow bankrupts’ power to rescind contracts in bankruptcy – Ronald Mann

Opinion analysis: Clarity on “clear evidence” of drug pre-emption? – Elizabeth McCuskey
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The Supreme Court released orders from the May 16 conference on Monday; the justices granted Ritzen Group Inc. v. Jackson Masonry, LLC.
On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
On Thursday, the justices met for their May 23 conference; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
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
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Herrera v. Wyoming Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
- Merck Sharp & Dohme Corp. v. Albrecht “Clear evidence” that the Food and Drug Administration would not have approved a change to a drug’s label – thus pre-empting a state-law failure-to-warn claim – is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.
- Mission Product Holdings Inc. v. Tempnology, LLC A bankruptcy debtor’s rejection of an executory contract under 11 U.S.C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
More Petitions »
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Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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13
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16
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20
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23
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30
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