Tyson Foods, Inc. v. Bouaphakeo
Holding
The district court did not err in certifying and maintaining a class of employees who allege that the employer's failure to pay them for donning and doffing protective gear violate the Fair Labor Standards Act, notwithstanding the employees' reliance on "representative evidence" to determine the number of additional hours that each employee worked, when the employer had failed to keep adequate records.
Judgment
Affirmed and remanded, 6-2, in an opinion by Anthony McLeod Kennedy on Mar 22, 2016. Chief Justice Roberts filed a concurring opinion, in which Justice Alito joined as to Part II. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.
Jan 26, 2015Application (14A816) to extend the time to file a petition for a writ of certiorari from February 17, 2015 to March 19, 2015, submitted to Justice Alito.
Jan 29, 2015Application (14A816) granted by Justice Alito extending the time to file until March 19, 2015.
Mar 19, 2015Petition for a writ of certiorari filed. (Response due April 20, 2015)
Mar 24, 2015Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from cousel for the petitioner
Mar 24, 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Apr 13, 2015Order extending time to file response to petition to and including April 27, 2015.
Apr 14, 2015Consent to the filing of amicus curiae briefs, in support of either party or of niether party, received from counsel for the petitioner.
Apr 20, 2015Brief amicus curiae of The National Chicken Council filed.
Apr 20, 2015Brief amicus curiae of Equal Employment Advisory Council filed.
Apr 20, 2015Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Apr 20, 2015Brief amicus curiae of U.S. Poultry & Egg Association filed.
Apr 20, 2015Brief amicus curiae of Washington Legal Foundation filed.
Apr 20, 2015Brief amici curiae of Chamber of Commerce of the United States, et al. filed.Apr 20, 2015Brief amici curiae of National Association of Manufacturers, et al. filed.
Apr 27, 2015Brief of respondents Peg Bouaphakeo, et al., Individually and on Behalf of All Others Similarly Situated in opposition filed.May 11, 2015Reply of petitioner Tyson Foods, Inc. filed. (Distributed)May 12, 2015DISTRIBUTED for Conference of May 28, 2015.
May 26, 2015DISTRIBUTED for Conference of May 28, 2015.
Jun 1, 2015DISTRIBUTED for Conference of June 4, 2015.
Jun 8, 2015Petition GRANTED.
Jun 12, 2015Consent to the filing of amicus curiae briefs, in support of either party or of niether party, received from counsel for the petitioner.
Jun 23, 2015The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 7, 2015.
Jun 23, 2015The time to file respondents' brief on the merits is extended to and including September 22, 2015.
Jul 13, 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Aug 7, 2015Joint appendix filed. (Statement of costs filed.)
Aug 7, 2015Brief of petitioner Tyson Foods, Inc. filed.
Aug 14, 2015Brief amici curiae of Civil Procedure Scholars in support of neither party filed.
Aug 14, 2015Brief amicus curiae of Equal Employment Advisory Council filed.
Aug 14, 2015Brief amicus curiae of Association of American Railroads filed.
Aug 14, 2015Brief amicus curiae of Consumer Data Industry Association filed.
Aug 14, 2015Brief amicus curiae of Wal-Mart Stores, Inc. filed.
Aug 14, 2015Brief amicus curiae of Dow Chemical Company filed.
Aug 14, 2015Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
Aug 14, 2015Brief amicus curiae of Trans Union LLC filed.
Aug 14, 2015Brief amicus curiae of Washington Legal Foundation filed.Aug 14, 2015Brief amicus curiae of Cato Institute filed.
Aug 14, 2015Brief amici curiae of Atlantic Legal Foundation and The International Association of Defense Counsel filed.
Aug 14, 2015Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Aug 14, 2015Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Aug 14, 2015Brief amici curiae of National Association of Manufacturers, et al. filed.
Aug 14, 2015Brief amicus curiae of Pacific Legal Foundation filed.
Sep 9, 2015SET FOR ARGUMENT on Tuesday, November 10, 2015
Sep 10, 2015Record requested from the U.S.C.A. 8th Circuit.
Sep 21, 2015Record received from U.S.C.A. 8th Circuit. (1 Box )
Sep 22, 2015Brief of respondents Peg Bouaphakeo, et al., Individually and on Behalf of All Others Similarly Situated filed.
Sep 28, 2015Brief amicus curiae of Public Justice, P.C. filed. (Distributed)Sep 29, 2015CIRCULATED
Sep 29, 2015Brief amicus curiae of the United States filed. (Distributed)Sep 29, 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 29, 2015Brief amici curiae of Civil Procedure Professors filed. (Distributed)Sep 29, 2015Brief amicus curiae of American Independent Business Alliance filed. (Distributed)Sep 29, 2015Brief amicus curiae of American Association for Justice filed. (Distributed)Sep 29, 2015Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)Sep 29, 2015Brief amici curiae of Economists and Other Social Scientists filed. (Distributed)Sep 29, 2015Brief amici curiae of AARP, et al. filed. (Distributed)Sep 29, 2015Brief amicus curiae of Braun and Hummel filed. (Distributed)Sep 29, 2015Brief amici curiae of Impact Fund, et al. filed. (Distributed)Sep 29, 2015Brief amici curiae of Complex Litigation Law Professors filed. (Distributed)Sep 29, 2015Brief amicus curiae of United Food and Commercial Workers International Union filed. (Distributed)Sep 29, 2015Brief amici curiae of Urethanes Plaintiffs filed. (Distributed)Sep 29, 2015Brief amici curiae of Illinois, et al. filed. (Distributed)Sep 29, 2015Brief amici curiae of Professors Alexandra D. Lahav & Sachin S. Pandya filed. (Distributed)Oct 9, 2015Record received from U.S.D.C. Northern Dist. of Iowa, the record is electronic and SEALED.
Oct 19, 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 21, 2015Reply of petitioner Tyson Foods, Inc. filed. (Distributed)Nov 10, 2015Argued. For petitioner: Carter G. Phillips, Washington, D. C. For respondents: David C. Frederick, Washington, D. C.; and Elizabeth Prelogar, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Mar 22, 2016Judgment is affirmed and case remanded. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a concurring opinion, in which Alito, J., joined as to Part II. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
Apr 25, 2016JUDGMENT ISSUED
Jul 18, 2016Record from the U.S.C.A. 8th Circuit has been returned.
Recommended Citation: Tyson Foods, Inc. v. Bouaphakeo, SCOTUSblog, https://www.scotusblog.com/cases/tyson-foods-inc-v-bouaphakeo/