Supreme Court of the United States · Official docket →
Southwest Airlines Co. v. Latrice Saxon
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-3226 · judgment March 31, 2021
Before the decision, about 3.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
Section 1 of the Federal Arbitration Act ("FAA") provides that the FAA does not apply "to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce." 9 U.S.C. § 1. In Circuit City Stores, Inc. v. Adams, 532 U.S. 105 (2001), this Court held that Section 1 applies only to interstate "transportation workers." The Court did not define the term "transportation worker." In the 20 years since Circuit City, the lower courts have struggled to apply its holding consistently, leading to divergent results in similar cases. This case exemplifies the inconsistency and creates a clear conflict of authorities. The Seventh Circuit held that a Ramp Agent Supervisor with Southwest Airlines Co., who supervises employees who load and unload baggage from airplanes and assists with such duties, but does not physically transport people or goods, is a "transportation worker" exempt from the FAA. That directly conflicts with Eastus v. ISS Facility Servs., Inc., 960 F.3d 207 (5th Cir. 2020), where the Fifth Circuit held that an airline worker with identical responsibilities was not a "transportation worker" and was thus subject to the FAA. The question presented is: Whether workers who load or unload goods from vehicles that travel in interstate commerce, but do not physically transport such goods themselves, are interstate "transportation workers" exempt from the Federal Arbitration Act. JUSTICE BARRETT TOOK NO PART
Counsel of record
For petitioner
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP
For respondent
Jennifer Dale Bennett
Gupta Wessler, PLLC
Case
Conference history
Distributed for 2 conferences
Amicus briefs
2 cert-stage · 13 merits
(6 supporting pet./neither, 7 respondent)
Argument & decision
Argued March 28, 2022 — Shay Dvoretzky · Jennifer D. Bennett. Audio and transcript
Decided June 6, 2022. Opinion by Thomas.
Proceedings
- Jul 08 2022JUDGMENT ISSUED
- Jun 06 2022Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which all other Members joined, except Barrett, J., who took no part in the consideration or decision of the case.
- Mar 28 2022Argued. For petitioner: Shay Dvoretzky, Washington, D. C. For respondent: Jennifer D. Bennett, San Francisco, Cal.
- Mar 17 2022Reply of petitioner Southwest Airlines Co. filed. (Distributed)
- Mar 03 2022Brief amicus curiae of Public Justice filed. (Distributed)
- Mar 03 2022Brief amicus curiae of American Association for Justice filed. (Distributed)
- Mar 03 2022Brief amici curiae of State of Illinois, et al. filed. (Distributed)
- Mar 02 2022Amicus brief of Historians not accepted for filing. (March 02, 2022)
- Mar 02 2022Brief amici curiae of Historians filed. (Distributed)
- Mar 02 2022Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
- Mar 02 2022Brief amici curiae of National Academy of Arbitrators and National Association of Railroad Referees filed (3/10/2020). (Distributed)
- Mar 01 2022Brief amicus curiae of National Employment Lawyers Association filed. (Distributed)
- Feb 24 2022Brief of respondent Latrice Saxon filed. (Distributed)
- Feb 22 2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED. Justice Barrett took no part in the consideration or decision of this motion.
- Feb 22 2022Motion for an extension of time to file respondent's brief on the merits filed.
- Feb 22 2022Motion to extend the time to file respondent's brief on the merits is granted and the time is extended to and including February 24, 2022.
- Feb 11 2022CIRCULATED
- Jan 31 2022Brief amici curiae of Chamber of Commerce of the United States of America; National Association of Manufacturers filed.
- Jan 31 2022Brief amicus curiae of Lyft, Inc. filed.
- Jan 31 2022Brief amici curiae of Airlines for America filed.
- Jan 31 2022Brief amicus curiae of Uber Technologies, Inc. filed.
- Jan 31 2022Brief amicus curiae of Amazon.com, Inc. filed.
- Jan 28 2022ARGUMENT SET FOR Monday, March 28, 2022.
- Jan 28 2022Brief amicus curiae of Washington Legal Foundation filed.
- Jan 26 2022Record requested from the U.S.C.A. 7th Circuit.
- Jan 26 2022The record from the U.S.C.A. 7th Circuit is electronic and located on Pacer.
- Jan 24 2022Brief of petitioner Southwest Airlines Co. filed.
- Jan 18 2022Motion to dispense with printing the joint appendix filed by petitioner Southwest Airlines Co.
- Dec 10 2021Petition GRANTED. Justice Barrett took no part in the consideration or decision of this petition.
- Dec 06 2021DISTRIBUTED for Conference of 12/10/2021.
- Nov 16 2021DISTRIBUTED for Conference of 12/3/2021.
- Nov 15 2021Reply of petitioner Southwest Airlines Co. filed. (Distributed)
- Nov 01 2021Brief of respondent Latrice Saxon in opposition filed.
- Sep 30 2021Brief amicus curiae of Airlines for America filed.
- Sep 27 2021Brief amicus curiae of Washington Legal Foundation filed.
- Sep 09 2021Motion to extend the time to file a response is granted and the time is extended to and including November 1, 2021.
- Sep 08 2021Motion to extend the time to file a response from September 30, 2021 to November 1, 2021, submitted to The Clerk.
- Aug 27 2021Petition for a writ of certiorari filed. (Response due September 30, 2021)