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, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), 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
Conference history
Distributed for 1 conference
Amicus briefs
14 merits
(6 supporting pet./neither, 8 respondent)
Argument & decision
Argued February 20, 2024 — Jennifer D. Bennett · Traci L. Lovitt. Audio and transcript
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.