Oneok Inc. v. Learjet, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-271 | 9th Cir. | Jan 12, 2015 | Apr 21, 2015 | 7-2 | Breyer | OT 2014 |
Holding: State antitrust law claims are allowed to proceed against gas pipelines for alleged manipulation of market price indices, notwithstanding federal regulation of pipelines under the Natural Gas Act.
Judgment: Affirmed, 7-2, in an opinion by Justice Breyer on April 21, 2015. Justice Thomas filed an opinion concurring in part and concurring in the judgement. Justice Scalia filed a dissenting opinion, in which Chief Justice Roberts joined.
SCOTUSblog Coverage
- Opinion analysis: Scaling back federal preemption in energy markets (Jim Rossi, April 22, 2015)
- Argument analysis: The scope of field preemption under the Natural Gas Act (Jim Rossi, January 13, 2015)
- Argument preview: Preemption and the Natural Gas Act (Jim Rossi, January 6, 2015)
- Solicitor General files invitation briefs -- Part 2 (UPDATED June 13, 2014) (Amy Howe, June 12, 2014)
- Petition of the day (Mary Pat Dwyer, November 19, 2013)
| Date | Proceedings and Orders |
|---|---|
| 06/10/2013 | Application (12A1194) to extend the time to file a petition for a writ of certiorari from July 9, 2013 to September 6, 2013, submitted to Justice Kennedy. |
| 06/20/2013 | Application (12A1194) granted by Justice Kennedy extending the time to file until August 24, 2013. |
| 08/26/2013 | Petition for a writ of certiorari filed. (Response due September 27, 2013) |
| 09/13/2013 | Order extending time to file response to petition to and including October 28, 2013, for all respondents. |
| 09/27/2013 | Brief amicus curiae of Washington Legal Foundation filed. |
| 09/27/2013 | Brief amici curiae of Electric Power Supply Association, et al. filed. |
| 09/27/2013 | Brief amicus curiae of American Gas Association filed. |
| 09/27/2013 | Brief amicus curiae of Gas Processors Association filed. |
| 10/25/2013 | Brief of respondents Learjet, Inc., et al. in opposition filed. |
| 10/25/2013 | Brief of respondents Arandell Corp. et al. (Wisconsin Respondents) in opposition filed. |
| 11/12/2013 | DISTRIBUTED for Conference of November 26, 2013. |
| 11/12/2013 | Reply of petitioners Oneok, Inc., et al. filed. (Distributed) |
| 12/02/2013 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Alito took no part in the consideration or decision of this petition. |
| 05/27/2014 | Brief amicus curiae of United States filed. |
| 06/09/2014 | Supplemental brief of petitioners Oneok, Inc., et al. filed. |
| 06/10/2014 | DISTRIBUTED for Conference of June 26, 2014. |
| 06/12/2014 | Supplemental brief of respondents Learjet, Inc., et al. filed. (Distributed) |
| 06/24/2014 | Justice Alito is no longer recused in this case. |
| 06/30/2014 | DISTRIBUTED for Conference of June 30, 2014. |
| 07/01/2014 | Petition GRANTED. |
| 07/17/2014 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 18, 2014. |
| 07/17/2014 | The time to file respondents' brief on the merits is extended to and including November 21, 2014. |
| 09/10/2014 | Consent from the parties (petitioners, respondents Learjet and Arandell Corp., et al.) to the filing of amicus curiae briefs in support of either party or neither party received. |
| 09/18/2014 | Joint appendix filed (2 volumes). (Statement of costs filed) |
| 09/18/2014 | Brief of petitioners ONEOK, Inc., et al. filed. |
| 09/25/2014 | Brief amicus curiae of Washington Legal Foundation filed. |
| 09/25/2014 | Brief amici curiae of Interstate Natural Gas Association of America, et al. filed. |
| 09/25/2014 | Brief amicus curiae of the United States filed. |
| 09/25/2014 | Brief amici curiae of Noble Americas Energy Solutions, et al. filed. |
| 11/21/2014 | SET FOR ARGUMENT ON Monday, January 12, 2015. |
| 11/21/2014 | Brief of respondents Learjet, Inc., et al. filed. |
| 11/21/2014 | Brief of Wisconsin respondents filed. |
| 11/26/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 11/26/2014 | Brief amici curiae of Kansas, et al. filed. |
| 11/26/2014 | Brief amicus curiae of American Antitrust Institute filed. |
| 11/26/2014 | Motion of Kansas, et al for leave to participate in oral argument as amici curiae and for divided argument filed. |
| 12/02/2014 | CIRCULATED. |
| 12/02/2014 | Record requested from U.S.C.A. 9th Circuit. |
| 12/02/2014 | Record received from U.S.C.A. 9th Circuit, the record is electronic and located on PACER. |
| 12/02/2014 | Record recived from U.S.D.C. District of Nevada, the record is electroinic and located on PACER. |
| 12/15/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 12/15/2014 | Motion of Kansas, et al. for leave to participate in oral argument as amici curiae and for divided argument GRANTED. |
| 12/22/2014 | Reply of petitioners ONEOK, Inc., et al. filed. (Distributed) |
| 01/12/2015 | Argued. For petitioners: Neal K. Katyal, Washington, D. C.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Jeffrey L. Fisher, Stanford, Cal.; and Stephen R. McAllister, Solicitor General, Topeka, Kan. (for Kansas, et al., as amici curiae.) |
| 04/21/2015 | Adjudged to be AFFIRMED. Breyer, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Alito, Sotomayor, and Kagan, JJ., joined, and in which Thomas, J., joined as to all but Part I-A. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., joined. |
| 05/26/2015 | JUDGMENT ISSUED. |