Supreme Court of the United States · Official docket →
Neal Bissonnette, et al. v. LePage Bakeries Park St., LLC, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 20-1681 · judgment September 26, 2022
Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Second Circuit decision below, and a dissent in the court below, and down for a business respondent.
Question presented
The Federal Arbitration Act exempts the "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce." 9 U.S.C. § 1. The First and Seventh Circuits have held that this exemption applies to any member of a class of workers that is engaged in foreign or interstate commerce in the same way as seamen and railroad employees-that is, any worker "actively engaged" in the interstate transportation of goods. The Second and Eleventh Circuits have added an additional requirement: The worker's employer must also be in the "transportation industry." The question presented is: To be exempt from the Federal Arbitration Act, must a class of workers that is actively engaged in interstate transportation also be employed by a company in the transportation industry?
Counsel of record
For petitioner
Jennifer Dale Bennett
Gupta Wessler LLP
For respondent
Traci L. Lovitt
Jones Day
Case
Subject area
Unions (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Amicus briefs
14 merits
(6 supporting pet./neither, 8 respondent)
Linked docket
22A984
Order
Miscellaneous order, September 29, 2023 · Certiorari granted
Argument & decision
Argued February 20, 2024 — Jennifer D. Bennett · Traci L. Lovitt. Listen and read along · the Court’s audio
Decided April 12, 2024. Opinion by Roberts, C.J..
Proceedings
- May 14 2024Judgment Issued.
- Apr 12 2024Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court.
- Feb 20 2024Argued. For petitioners: Jennifer D. Bennett, San Francisco, Cal. For respondents: Traci L. Lovitt, New York, N. Y.
- Jan 18 2024Record received from the United States District Court for the District of Connecticut. The record is electronic and is available on PACER.
- Jan 12 2024Reply of petitioners Neal Bissonnette, et al. filed. (Distributed)
- Jan 11 2024CIRCULATED.
- Jan 09 2024Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk.
- Jan 05 2024SET FOR ARGUMENT on Tuesday, February 20, 2024.
- Jan 05 2024Record requested from the United States Court of Appeals for the Second Circuit.
- Dec 20 2023Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
- Dec 20 2023Brief amicus curiae of Independent Bakers Association filed.
- Dec 20 2023Brief amici curiae of Professors Samuel Estreicher, et al. filed.
- Dec 20 2023Brief amicus curiae of The California Employment Law Council filed.
- Dec 20 2023Brief amicus curiae of Amazon.com, Inc. filed.
- Dec 20 2023Brief amici curiae of DRI Center for Law and Public Policy, et al. filed.
- Dec 20 2023Brief amicus curiae of Restaurant Law Center filed.
- Dec 18 2023Brief amicus curiae of Washington Legal Foundation filed.
- Dec 13 2023Brief of respondents LePage Bakeries Park St., LLC, et al. filed.
- Nov 20 2023Brief amicus curiae of Constitutional Accountability Center filed.
- Nov 20 2023Brief amicus curiae of Public Justice filed.
- Nov 20 2023Brief amicus curiae of National Academy of Arbitrators filed.
- Nov 20 2023Brief amici curiae of Illinois, et al. filed.
- Nov 20 2023Brief amicus curiae of American Association for Justice filed.
- Nov 15 2023Brief amici curiae of National Employment Law Project, et al. filed.
- Nov 13 2023Brief of petitioners Neal Bissonnette, et al. filed.
- Nov 13 2023Joint appendix filed. (Statement of cost received.)
- Sep 29 2023Petition GRANTED.
- Sep 06 2023DISTRIBUTED for Conference of 9/26/2023.
- Sep 05 2023Reply of petitioners Neal Bissonnette, et al. filed. (Distributed)
- Aug 21 2023Brief of respondents LePage Bakeries Park St., LLC, et al. in opposition filed.
- Jul 17 2023Petition for a writ of certiorari filed. (Response due August 21, 2023)
- Jun 08 2023Application (22A984) granted by Justice Sotomayor extending the time to file until July 17, 2023.
- Jun 02 2023Application (22A984) to extend further the time from June 15, 2023 to July 15, 2023, submitted to Justice Sotomayor.
- May 11 2023Application (22A984) granted by Justice Sotomayor extending the time to file until June 15, 2023.
- May 09 2023Application (22A984) to extend the time to file a petition for a writ of certiorari from May 16, 2023 to June 15, 2023, submitted to Justice Sotomayor.