Supreme Court of the United States · Official docket →
Parker Drilling Management Services, Ltd. v. Brian Newton
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-56352 · judgment February 5, 2018
Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a circuit split argued in the petition.
Question presented
In the Outer Continental Shelf Lands Act ("OCSLA"), Congress declared federal law to be the exclusive source of law on the Outer Continental Shelf ("OCS"). To fill the gaps in the coverage of federal law, Congress provided that the law of the adjacent state would be borrowed as federal law, to the extent that such state law is "applicable" and "not inconsistent with" existing federal law. Consistent with this Court's decisions, the Fifth Circuit has long held that state law is not borrowed as surrogate federal law under OCSLA unless there is a gap in federal law, as with a garden-variety contract claim. In the decision below, the Ninth Circuit expressly disagreed with the Fifth Circuit and held that state law should be borrowed as federal law governing the OCS whenever state law pertains to the subject matter of a lawsuit and is not preempted by inconsistent federal law, regardless of whether there is a gap in federal law. It thus held that California's wage-and-hour laws apply to claims filed by workers on drilling platforms on the OCS, even though the Fair Labor Standards Act already provides a comprehensive set of federal rights and remedies. The result is wholly unanticipated and potentially massive liability for OCS operators that fully complied with the FLSA. The question presented is: Whether, under OCSLA, state law is borrowed as the applicable federal law only when there is a gap in the coverage of federal law, as the Fifth Circuit has held, or whenever state law pertains to the subject matter of a lawsuit and · is not preempted by inconsistent federal law, as the Ninth Circuit has held.
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
David C. Frederick
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
Case
Conference history
Distributed for 2 conferences
Amicus briefs
3 cert-stage · 5 merits
(4 supporting pet./neither, 1 respondent)
Argument & decision
Argued April 16, 2019 — Paul D. Clement · David C. Frederick. Audio and transcript
Decided June 10, 2019. Opinion by Thomas.
Proceedings
- Jul 12 2019JUDGMENT ISSUED.
- Jun 10 2019Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court.
- Apr 16 2019Argued. For petitioner: Paul D. Clement, Washington, D. C.; and Christopher G. Michel, 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.
- Apr 12 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Apr 09 2019Reply of petitioner Parker Drilling Management Services, Ltd. filed. (Distributed)
- Mar 29 2019Brief amicus curiae of California Applicants' Attorneys Association ("CAAA") filed.
- Mar 27 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Mar 22 2019Brief of respondent Brian Newton filed. (Distributed)
- Mar 21 2019Record requested from the U.S.C.A. 9th Circuit.
- Mar 20 2019CIRCULATED
- Feb 27 2019Brief amicus curiae of United States filed.
- Feb 27 2019Brief amicus curiae of Washington Legal Foundation filed.
- Feb 27 2019Brief amicus curiae of Chamber of Commerce of the United States of America filed.
- Feb 27 2019Brief amici curiae of Freeport-McMoRan Oil & Gas LLC, et al. filed.
- Feb 20 2019Joint appendix filed. (Statement of costs received)
- Feb 20 2019Brief of petitioner Parker Drilling Management Services, Ltd. filed.
- Feb 11 2019SET FOR ARGUMENT on Tuesday, April 16, 2019
- Jan 23 2019Blanket Consent filed by Petitioner, Parker Drilling Management Services, Ltd..
- Jan 22 2019Blanket Consent filed by Respondent, Brian Newton
- Jan 11 2019Petition GRANTED.
- Jan 07 2019DISTRIBUTED for Conference of 1/11/2019.
- Dec 12 2018DISTRIBUTED for Conference of 1/4/2019.
- Dec 11 2018Reply of petitioner Parker Drilling Management Services, Ltd. filed.
- Nov 26 2018Brief of respondent Brian Newton in opposition filed.
- Oct 26 2018Brief amici curiae of Freeport-McMoRan Oil & Gas et al. filed.
- Oct 26 2018Brief amicus curiae of Washington Legal Foundation filed.
- Oct 26 2018Brief amicus curiae of Chamber of Commerce of the United States of America filed.
- Oct 19 2018Motion to extend the time to file a response is granted and the time is extended to and including November 26, 2018.
- Oct 17 2018Motion to extend the time to file a response from October 26, 2018 to November 26, 2018, submitted to The Clerk.
- Oct 10 2018Blanket Consent filed by Petitioner, Parker Drilling Management Services, Ltd.
- Sep 24 2018Petition for a writ of certiorari filed. (Response due October 26, 2018)
- Aug 08 2018Application (18A20) granted by The Chief Justice extending the time to file until September 24, 2018.
- Aug 07 2018Application (18A20) to extend further the time from August 27, 2018 to September 24, 2018, submitted to The Chief Justice.
- Jul 05 2018Application (18A20) granted by Justice Kennedy extending the time to file until August 27, 2018.
- Jun 28 2018Application (18A20) to extend the time to file a petition for a writ of certiorari from July 26, 2018 to August 27, 2018, submitted to Justice Kennedy.