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Epic Systems Corporation v. Jacob Lewis

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 15-2997 · judgment May 26, 2016

Decided · May 21, 2018

At-filing estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Consolidated with 16-300. Whether an agreement that requires an employer and an employee to resolve employment-related disputes through individual arbitration, and waive class and collective proceedings, is enforceable under the Federal Arbitration Act, notwithstanding the provisions of the National Labor Relations Act.

Counsel of record

For petitioner
Neal Kumar Katyal
Milbank LLP

For respondent
Daniel Roy Ortiz

Case

Subject area
Unions (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Amicus briefs
7 cert-stage · 30 merits
(19 supporting pet./neither, 11 respondent)

Linked docket
16A93

Argument & decision

Argued October 2, 2017 — Paul D. Clement · Richard F. Griffin · Daniel R. Ortiz. Listen and read along · the Court’s audio

Decided May 21, 2018. Opinion by Gorsuch.

Proceedings

Jun 22 2018
JUDGMENT ISSUED.
May 21 2018
Judgment 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.
Oct 03 2017
Letter of NLRB regarding oral argument filed. VIDED. (Distributed)
Oct 02 2017
Argued. 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.
Sep 25 2017
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 25 2017
Motion for divided argument filed by NLRB GRANTED.
Sep 08 2017
Reply of petitioner Epic Systems Corporation and respondent Murphy Oil USA, Inc. filed. VIDED. (Distributed)
Aug 25 2017
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Aug 16 2017
Statement of amici in support of motion of NLRB for divided argument filed. VIDED.
Aug 16 2017
Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed)
Aug 16 2017
Brief amici curiae of Labor Law Professors filed. VIDED. (Distributed)
Aug 16 2017
Motion for divided argument filed by NLRB. VIDED.
Aug 16 2017
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Aug 16 2017
Brief amici curiae of Maryland, et al. filed. VIDED. (Distributed)
Aug 16 2017
Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. VIDED. (Distributed)
Aug 16 2017
Brief amici curiae of Main Street Alliance, et al. filed. VIDED. (Distributed)
Aug 16 2017
Brief amicus curiae of American Association for Justice filed. VIDED. (Distributed)
Aug 16 2017
Brief amicus curiae of Public Citizen, Inc. filed. VIDED. (Distributed)
Aug 16 2017
Brief amicus curiae of Susan Fowler filed. VIDED. (Distributed)
Aug 16 2017
Brief amicus curiae of New York Taxi Workers Alliance filed. VIDED. (Distributed)
Aug 15 2017
Brief amici curiae of Ten International Labor Unions, et al. filed. VIDED. (Distributed)
Aug 14 2017
CIRCULATED.
Aug 10 2017
Brief amicus curiae of National Academy of Arbitrators filed. VIDED.
Aug 09 2017
Brief of respondent Jacob Lewis filed.
Aug 09 2017
Record received from the U.S.D.C. Northern Dist. of Illinois is electronic.
Aug 02 2017
Record received from the U.S.C.A. 7th Circuit is located on PACER with the exception of SEALED documents which are electronic.
Aug 01 2017
Record requested from the U.S.C.A. 7th Circuit.
Jul 19 2017
SET FOR ARGUMENT on Monday, October 2, 2017. VIDED.
Jun 16 2017
Brief amicus curiae of Equal Employment Advisory Council filed.
Jun 16 2017
Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.
Jun 16 2017
Brief amicus curiae of The Retail Litigation Center, Inc. filed. VIDED.
Jun 16 2017
Brief amicus curiae of the United States supporting Petitioners in Nos.16-285 and 16- 300 and supporting Respondents in No.307 filed. VIDED.
Jun 16 2017
Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
Jun 16 2017
Brief amicus curiae of The Business Roundtable supporting Epic Systems Corp., Ernst & Young LLP, and Murphy Oil USA, Inc. filed. VIDED.
Jun 16 2017
Brief amicus curiae of The Employers Group in support of Petitioners in Nos. 16-285 and 16-300 and in support of the Respondent Murphy Oil USA in No. 16-307 filed. VIDED.
Jun 16 2017
Brief amicus curiae of Washington Legal Foundation in support of Petitioners in Nos. 16-285 and 16-300 and Respondent Murphy Oil in No.16-307 filed. VIDED.
Jun 16 2017
Brief amicus curiae of Pacific Legal Foundation filed.
Jun 16 2017
Brief amicus curiae of HR Policy Association filed. VIDED.
Jun 16 2017
Brief amicus curiae of Atlantic Legal Foundation filed. VIDED.
Jun 16 2017
Brief amicus curiae of Law Professors filed. VIDED.
Jun 16 2017
Brief amici curiae of Mortgage Bankers Association and State Mortgage Lending Association filed. VIDED.
Jun 16 2017
Brief amicus curiae of International Association of Defense Counsel filed. VIDED.
Jun 16 2017
Brief amici curiae of American Staffing Association, et al. filed. VIDED.
Jun 16 2017
Brief amicus curiae of Bristol Farms filed. VIDED.
Jun 16 2017
Brief amicus curiae of New England Legal Foundation filed. VIDED.
Jun 16 2017
Brief amicus curiae of DRI-The Voice of the Defense Bar filed. VIDED.
Jun 16 2017
Brief amici curiae of Council on Labor Law Equality, et al. filed. VIDED.
Jun 09 2017
Brief of petitioner Petitioner Epic Systems Corporation and Respondent Murphy Oil USA, Inc. filed. VIDED.
Jun 07 2017
Motion to dispense with printing the joint appendix filed by petitioner Epic Systems Corporation.
Apr 28 2017
The time to file the joint appendix and the opening briefs is further extended to and including June 9, 2017. VIDED.
Apr 28 2017
The time to file the response briefs is further extended to and including August 9, 2017. VIDED.
Apr 11 2017
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 21 2017
The time to file the joint appendix and the opening briefs is extended to and including April 28, 2017. VIDED.
Feb 21 2017
The time to file the response briefs is extended to and including July 27, 2017. VIDED.
Feb 20 2017
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Respondent.
Jan 25 2017
The 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.
Jan 13 2017
Petition GRANTED The petition for a writ of certiorari in Nos. 16-300 and 16-307 are granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Jan 09 2017
DISTRIBUTED for Conference of January 13, 2017.
Nov 30 2016
DISTRIBUTED for Conference of January 6, 2017.
Nov 29 2016
Reply of petitioner Epic Systems Corporation filed.
Nov 14 2016
Brief of respondent Jacob Lewis in opposition filed.
Oct 03 2016
Brief amicus curiae of Equal Employment Advisory Council filed.
Oct 03 2016
Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.
Oct 03 2016
Brief amicus curiae of Chamber of Commerce of the United States filed.
Oct 03 2016
Brief amicus curiae of New England Legal Foundation filed.
Oct 03 2016
Brief amicus curiae of Atlantic Legal Foundation filed.
Sep 30 2016
Brief amicus curiae of Pacific Legal Foundation filed.
Sep 30 2016
Brief amicus curiae of International Association of Defense Counsel filed.
Sep 29 2016
Order extending time to file response to petition to and including November 14, 2016.
Sep 20 2016
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
Sep 07 2016
Consent to filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Sep 02 2016
Petition for a writ of certiorari filed. (Response due October 3, 2016)
Jul 29 2016
Application (16A93) granted by Justice Kagan extending the time to file until September 23, 2016.
Jul 25 2016
Application (16A93) to extend the time to file a petition for a writ of certiorari from August 24, 2016 to September 23, 2016, submitted to Justice Kagan.