Supreme Court of the United States · Official docket →

BNSF Railway Company v. Michael D. Loos

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 15-3355, 16-1123 · judgment August 3, 2017

Decided · March 4, 2019

Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a business petitioner.

Question presented

Whether a railroad's payment to an employee for time lost from work is subject to employment taxes under the Railroad Retirement Tax Act.

Counsel of record

For petitioner
Lisa S. Blatt
Williams & Connolly LLP

For respondent
David C. Frederick
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.

Case

Conference history
Distributed for 3 conferences

Amicus briefs
4 merits
(2 supporting pet./neither, 2 respondent)

Argument & decision

Argued November 6, 2018 — Lisa S. Blatt · David C. Frederick. Audio and transcript

Decided March 4, 2019. Opinion by Ginsburg.

Proceedings

Aug 05 2019
The record from the U.S.C.A. 8th Circuit has been returned.
Apr 05 2019
JUDGMENT ISSUED.
Mar 04 2019
Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas, J., joined.
Nov 06 2018
Argued. For petitioner: Lisa S. Blatt, Washington, D. C.; and Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: David C. Frederick, Washington, D. C.
Oct 30 2018
Letter of the United States filed. (Distributed).
Oct 10 2018
Reply of petitioner BNSF Railway Company filed. (Distributed)
Oct 01 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 20 2018
Record received from the U.S.C.A. 8th Circuit. 1 Box, the record is complete.
Sep 17 2018
Brief amicus curiae of American Association for Justice filed. (Distributed)
Sep 17 2018
Brief amici curiae of SMART and ARLA filed. (Distributed)
Sep 13 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 12 2018
CIRCULATED
Sep 10 2018
Record requested from the U.S.C.A. 8th Circuit.
Sep 10 2018
Brief of respondent Michael Loos filed.
Aug 20 2018
SET FOR ARGUMENT on Tuesday, November 6, 2018
Jul 27 2018
Brief amicus curiae of Association of American Railroads filed.
Jul 27 2018
Brief amicus curiae of United States filed.
Jul 20 2018
Brief of petitioner BNSF Railway Company filed.
Jul 20 2018
Joint appendix and supplemental volume filed.
Jul 06 2018
Blanket Consent filed by Respondent, Michael Loos.
Jun 08 2018
Motion to extend the time to file the joint appendix and the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 20, 2018. The time to file respondent's brief on the merits is extended to and including September 10, 2018.
Jun 05 2018
Motion for an extension of time to file the joint appendix and the opening briefs on the merits filed.
May 14 2018
Motion for leave to file amicus brief filed by Association of American Railroads GRANTED.
May 14 2018
Petition GRANTED.
May 07 2018
DISTRIBUTED for Conference of 5/10/2018.
Apr 11 2018
DISTRIBUTED for Conference of 4/27/2018.
Apr 10 2018
Reply of petitioner BNSF Railway Company filed.
Mar 23 2018
Brief of respondent Michael Loos in opposition filed.
Feb 26 2018
Motion for leave to file amicus brief filed by Association of American Railroads.
Feb 21 2018
Response Requested. (Due March 23, 2018)
Feb 14 2018
DISTRIBUTED for Conference of 3/2/2018.
Feb 06 2018
Waiver of right of respondent Michael Loos to respond filed.
Jan 23 2018
Petition for a writ of certiorari filed. (Response due February 26, 2018)