Ernst & Young LLP v. Morris
Consolidated with Epic Systems Corp. v. Lewis (16-285), National Labor Relations Board v. Murphy Oil USA, Inc. (16-307)
Holding
Congress has instructed in the Federal Arbitration Act that arbitration agreements providing for individualized proceedings must be enforced, and neither the Arbitration Act's saving clause nor the National Labor Relations Act suggests otherwise.
Judgment
Reversed and remanded, 5-4, in an opinion by Neil Gorsuch on May 21, 2018. Justice Thomas filed a concurring opinion. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined.
Sep 8, 2016Petition for a writ of certiorari filed. (Response due October 11, 2016)
Sep 21, 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.
Sep 29, 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents
Oct 3, 2016Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.Oct 3, 2016Brief amicus curiae of Chamber of Commerce of the United States filed.Oct 6, 2016Order extending time to file response to petition to and including November 14, 2016.
Oct 7, 2016Brief amicus curiae of International Association of Defense Counsel filed.Oct 10, 2016Brief amicus curiae of Atlantic Legal Foundation filed.Oct 11, 2016Brief amicus curiae of The Employers Group filed.Oct 11, 2016Brief amicus curiae of The Retail Litigation Center, Inc. filed.Oct 11, 2016Brief amicus curiae of The Business Roundtable filed.Oct 11, 2016Brief amicus curiae of New England Legal Foundation filed.Nov 15, 2016Order further extending time to file response to petition to and including November 21, 2016.
Nov 21, 2016Brief of respondents Stephen Morris, et al. in support of granting the petition for a writ of certiorari filed.Dec 6, 2016Reply of petitioners Ernst & Young LLP, et al. filed.Dec 7, 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 9, 2017DISTRIBUTED for Conference of January 13, 2017.
Jan 13, 2017Petition GRANTED The petition for a writ of certiorari in Nos. 16-285 and 16-307 are granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Jan 25, 2017The following briefing schedule is adopted: Petitioners in Nos. 16-285 and 16-300 and respondents in No. 16-307 will file opening and reply briefs under the schedule set forth in Rules 25.1 and 25.3. Respondents in Nos. 16-285 and 16-300 and petitioner in No. 16-307 will file response briefs under the schedule set forth in Rule 25.2. VIDED.
Feb 2, 2017Consent to the filing of amicus curiae briefs,in support of either party or of neither party, received from counsel for the petitioners Ernst & Young LLP, et al.
Feb 21, 2017The time to file the joint appendix and the opening briefs is extended to and including April 28, 2017. VIDED.
Feb 21, 2017The time to file the response briefs is extended to and including July 27, 2017. VIDED.
Apr 13, 2017Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for respondents Morris, et al.
Apr 28, 2017The time to file the joint appendix and the opening briefs is further extended to and including June 9, 2017. VIDED.
Apr 28, 2017The time to file the response briefs is further extended to and including August 9, 2017. VIDED.
Jun 9, 2017Joint appendix for Ernst & Young LLP, et al. filed. (Statement of costs filed.)
Jun 9, 2017Brief of petitioners Ernst & Young LLP, et al. filed.Jun 16, 2017Brief amicus curiae of Bristol Farms filed. VIDEDJun 16, 2017Brief amici curiae of Law Professors filed. VIDED.Jun 16, 2017Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.Jun 16, 2017Brief amicus curiae of the United States supporting Petitioners in Nos. 16-285 and 16-300 and supporting Respondents in No. 16-307 filed. VIDED.Jun 16, 2017Brief amicus curiae of Retail Litigation Center, Inc. filed. VIDED.Jun 16, 2017Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.Jun 16, 2017Brief amicus curiae of Business Roundtable supporting Epic Systems Corp., Ernst & Young LLP, and Murphy Oil USA, Inc. filed. VIDED.Jun 16, 2017Brief amicus curiae of The Employers Group in support of Petitioners in Nos. 16-285 and 16-300 and Respondent Murphy Oil in No. 16-307 filed. VIDED.Jun 16, 2017Brief amicus curiae of Washington Legal Foundation in support of Petitioners in Nos. 16-285 and 16-300 and Respondent Murphy Oil USA,Inc. in No.16-307 filed. VIDED.Jun 16, 2017Brief amicus curiae of HR Policy Association filed. VIDED.Jun 16, 2017Brief amicus curiae of Atlantic Legal Foundation filed. VIDED.Jun 16, 2017Brief amicus curiae of DRI-Voice of the Defense Bar filed. VIDED.Jun 16, 2017Brief amicus curiae of International Association of Defense Counsel filed. VIDED.Jun 16, 2017Brief amici curiae of American Staffing Association, et al. filed. VIDED.Jun 16, 2017Brief amicus curiae of Mortgage Bankers Association and State Mortgage Lending Assocaions filed. VIDED.Jun 16, 2017Brief amicus curiae of New England Legal Foundation filed. VIDED.Jun 16, 2017Brief amici curiae of Council on Labor Law Equality, et al. filed. VIDED.Jul 19, 2017SET FOR ARGUMENT on Monday, October 2, 2017. VIDED.
Aug 1, 2017Record requested from the U.S.C.A. 9th Circuit.
Aug 1, 2017Records from the U.S.C.A. 9th Circuit are electronic and located on PACER.
Aug 9, 2017Brief of respondents Stephen Morris, et al. filed. (Distributed)Aug 10, 2017Brief amicus curiae of National Academy of Arbitrators filed. VIDED.Aug 14, 2017CIRCULATED.
Aug 15, 2017Brief amici curiae of Ten International Labor Unions, et al. filed. VIDED. (Distributed)Aug 16, 2017Statement of amici in support of motion of NLRB for divided argument filed. VIDED.
Aug 16, 2017Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed)Aug 16, 2017Brief amici curiae of Labor Law Professors filed. VIDED. (Distributed)Aug 16, 2017Motion for divided argument filed by NLRB. VIDED.Aug 16, 2017Brief amici curiae of Maryland, et al. filed. VIDED. (Distributed)Aug 16, 2017Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. VIDED. (Distributed)Aug 16, 2017Brief amici curiae of Main Street Alliance, et al. filed. VIDED. (Distributed)Aug 16, 2017Brief amicus curiae of American Association for Justice filed. VIDED. (Distributed)Aug 16, 2017Brief amicus curiae of Public Citizen, Inc. filed. VIDED. (Distributed)Aug 16, 2017Brief amicus curiae of Susan Fowler filed. VIDED. (Distributed)Aug 16, 2017Brief amicus curiae of New York Taxi Workers Alliance filed. VIDED. (Distributed)Aug 16, 2017Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 8, 2017Reply of petitioners Ernst & Young, et al. filed. (Distributed)Sep 25, 2017Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 25, 2017Motion for divided argument filed by NLRB GRANTED.
Oct 2, 2017Argued. For petitioners in Nos. 16-285 & 16-300: Paul D. Clement, Washington, D. C.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For petitioner, acting as respondent, in No. 16-307: Richard F. Griffin, Jr., Washington, D. C. For respondents in Nos. 16-285 & 16-300: Daniel R. Ortiz, Charlottesville, Va. VIDED.
Oct 3, 2017Letter of NLRB regarding oral argument filed. VIDED. (Distributed)
May 21, 2018Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a concurring opinion. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined. VIDED.
Jun 22, 2018JUDGMENT ISSUED.
Recommended Citation: Ernst & Young LLP v. Morris, SCOTUSblog, https://www.scotusblog.com/cases/ernst-young-llp-v-morris/