Sandifer v. United States Steel Corporation

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Sandifer v. United States Steel Corporation

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Conference of March 15, 2019

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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This Week at the Court
The Supreme Court released orders from the March 15 conference on Monday. The justices granted four cases for next term: Kansas v. Garcia, Mathena v. Malvo, Ramos v. Louisiana and Kahler v. Kansas. The justices also called for the views of the U.S. solicitor general in two cases: Patterson v. Walgreen Co. and Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc.
There is a possibility of opinions on Tuesday and Wednesday.
On Monday, the justices heard oral argument in Virginia House of Delegates v. Bethune-Hill and Smith v. Berryhill.
On Tuesday, the justices hear oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt.
On Wednesday, the justices hear oral argument in Flowers v. Mississippi.
On Friday, the justices meet for their March 22 conference.
Major Cases
- 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.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- 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
- BNSF Railway Company v. Loos A railroad’s payment to an employee for working time lost due to an on-the-job injury is taxable “compensation” under the Railroad Retirement Tax Act.
- Fourth Estate Public Benefit Corp. v. Wall-Street.com Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.
- Rimini Street Inc. v. Oracle USA Inc. A federal district court’s discretion to award “full costs” to a party in copyright litigation pursuant to 17 U. S. C. §505 is limited to the six categories specified in the general costs statute codified at 28 U. S. C. §§1821 and 1920.
- Garza v. Idaho The presumption of prejudice for Sixth Amendment purposes recognized in Roe v. Flores-Ortega applies regardless of whether a defendant has signed an appeal waiver.
- Jam v. International Finance Corp. The International Organizations Immunities Act of 1945 affords international organizations the same immunity from suit that foreign governments enjoy today under the Foreign Sovereign Immunities Act of 1976.
- Madison v. Alabama The Eighth Amendment may permit executing a prisoner even if he cannot remember committing his crime, but it may prohibit executing a prisoner who suffers from dementia or another disorder rather than psychotic delusions.
- Nutraceutical Corp. v. Lambert Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling.
- Yovino v. Rizo The U.S. Court of Appeals for the 9th Circuit erred when it counted as a member of the majority a judge who died before the court’s opinion in this case was filed.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
- 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.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 50

Cases decided 21

Summary reversals 4

Merits cases granted to date 75

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On March 1, Justice Sonia Sotomayor spoke with actress Eva Longoria Bastón about Sotomayor’s life, her new children’s book and more.

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Cases argued	50
Cases decided	21
Summary reversals	4
Merits cases granted to date	75

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)

27
KISOR V. WILKIE (18-15)

29
Conference