Decided

No. 14-1146

Tyson Foods, Inc. v. Peg Bouaphakeo, et al., Individually and on Behalf of All Others Similarly Situated

from the United States Court of Appeals for the Eighth Circuit

See other cases from the Eighth Circuit.

Docket Entries

Record from the U.S.C.A. 8th Circuit has been returned.

JUDGMENT ISSUED

Judgment is affirmed and case remanded. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a concurring opinion, in which Alito, J., joined as to Part II. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.

Argued. For petitioner: Carter G. Phillips, Washington, D. C. For respondents: David C. Frederick, Washington, D. C.; and Elizabeth Prelogar, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Reply of petitioner Tyson Foods, Inc. filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Record received from U.S.D.C. Northern Dist. of Iowa, the record is electronic and SEALED.

Brief amici curiae of Complex Litigation Law Professors filed. (Distributed)

Brief amici curiae of Impact Fund, et al. filed. (Distributed)

Brief amicus curiae of Braun and Hummel filed. (Distributed)

Brief amici curiae of AARP, et al. filed. (Distributed)

Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)

Brief amicus curiae of American Association for Justice filed. (Distributed)

Brief amici curiae of Economists and Other Social Scientists filed. (Distributed)

Brief amici curiae of Professors Alexandra D. Lahav & Sachin S. Pandya filed. (Distributed)

Brief amici curiae of Illinois, et al. filed. (Distributed)

Brief amici curiae of Urethanes Plaintiffs filed. (Distributed)

Brief amicus curiae of United Food and Commercial Workers International Union filed. (Distributed)

Brief amicus curiae of American Independent Business Alliance filed. (Distributed)

Brief amici curiae of Civil Procedure Professors filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amicus curiae of the United States filed. (Distributed)

CIRCULATED

Brief amicus curiae of Public Justice, P.C. filed. (Distributed)

Brief of respondents Peg Bouaphakeo, et al., Individually and on Behalf of All Others Similarly Situated filed.

Record received from U.S.C.A. 8th Circuit. (1 Box )

Record requested from the U.S.C.A. 8th Circuit.

SET FOR ARGUMENT on Tuesday, November 10, 2015

Brief amicus curiae of Pacific Legal Foundation filed.

Brief amici curiae of Civil Procedure Scholars in support of neither party filed.

Brief amicus curiae of Equal Employment Advisory Council filed.

Brief amicus curiae of Association of American Railroads filed.

Brief amicus curiae of Consumer Data Industry Association filed.

Brief amicus curiae of Wal-Mart Stores, Inc. filed.

Brief amicus curiae of Dow Chemical Company filed.

Brief amicus curiae of Product Liability Advisory Council, Inc. filed.

Brief amicus curiae of Trans Union LLC filed.

Brief amicus curiae of Washington Legal Foundation filed.

Brief amicus curiae of Cato Institute filed.

Brief amici curiae of Atlantic Legal Foundation and The International Association of Defense Counsel filed.

Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.

Brief amicus curiae of DRI - The Voice of the Defense Bar filed.

Brief amici curiae of National Association of Manufacturers, et al. filed.

Joint appendix filed. (Statement of costs filed.)

Brief of petitioner Tyson Foods, Inc. filed.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.

The time to file respondents' brief on the merits is extended to and including September 22, 2015.

The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 7, 2015.

Consent to the filing of amicus curiae briefs, in support of either party or of niether party, received from counsel for the petitioner.

Petition GRANTED.

DISTRIBUTED for Conference of June 4, 2015.

DISTRIBUTED for Conference of May 28, 2015.

DISTRIBUTED for Conference of May 28, 2015.

Reply of petitioner Tyson Foods, Inc. filed. (Distributed)

Brief of respondents Peg Bouaphakeo, et al., Individually and on Behalf of All Others Similarly Situated in opposition filed.

Brief amici curiae of National Association of Manufacturers, et al. filed.

Brief amici curiae of Chamber of Commerce of the United States, et al. filed.

Brief amicus curiae of Washington Legal Foundation filed.

Brief amicus curiae of U.S. Poultry & Egg Association filed.

Brief amicus curiae of DRI - The Voice of the Defense Bar filed.

Brief amicus curiae of Equal Employment Advisory Council filed.

Brief amicus curiae of The National Chicken Council filed.

Consent to the filing of amicus curiae briefs, in support of either party or of niether party, received from counsel for the petitioner.

Order extending time to file response to petition to and including April 27, 2015.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.

Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from cousel for the petitioner

Petition for a writ of certiorari filed. (Response due April 20, 2015)

Application (14A816) granted by Justice Alito extending the time to file until March 19, 2015.

Application (14A816) to extend the time to file a petition for a writ of certiorari from February 17, 2015 to March 19, 2015, submitted to Justice Alito.

Parties

Tyson Foods, Inc., Petitioner, represented by Carter G. Phillips

Peg Bouaphakeo, et al., Individually and on Behalf of All Others Similarly Situated, Respondent, represented by David C. Frederick

Peg Bouaphakeo, et al., Individually and on Behalf of All Others Similarly Situated, Respondent, represented by Scott Michelman

Amici Curiae

AARP, et al., Amicus Curiae, represented by Seth R. Lesser

American Association for Justice, Amicus Curiae, represented by Jeffrey R. White

American Federation of Labor and Congress of Industrial Organizations, Amicus Curiae, represented by Lynn K. Rhinehart

American Independent Business Alliance, Amicus Curiae, represented by Thomas V. Urmy Jr.

Association of American Railroads, Amicus Curiae, represented by J. Scott Ballenger

Atlantic Legal Foundation and The International Association of Defense Counsel, Amicus Curiae, represented by Martin S. Kaufman

Braun and Hummel, Amicus Curiae, represented by Robert S. Peck

Cato Institute, Amicus Curiae, represented by Andrew M. Grossman

Chamber of Commerce of the United States, et al., Amicus Curiae, represented by Ashley C. Parrish

Civil Procedure Professors, Amicus Curiae, represented by David N. Rosen

Civil Procedure Scholars in support of neither party, Amicus Curiae, represented by Allan H. Erbsen

Complex Litigation Law Professors, Amicus Curiae, represented by Robert A. Clifford

Consumer Data Industry Association, Amicus Curiae, represented by Robert A. Long Jr.

Dow Chemical Company, Amicus Curiae, represented by Timothy S. Bishop

DRI - The Voice of the Defense Bar, Amicus Curiae, represented by William M. Jay

Economists and Other Social Scientists, Amicus Curiae, represented by Ellen Meriwether

Equal Employment Advisory Council, Amicus Curiae, represented by Rae T. Vann

Illinois, et al., Amicus Curiae, represented by Carolyn E. Shapiro

Impact Fund, et al., Amicus Curiae, represented by Deepak Gupta

National Association of Manufacturers, et al., Amicus Curiae, represented by Philip S. Goldberg

Pacific Legal Foundation, Amicus Curiae, represented by Anastasia P. Boden

Product Liability Advisory Council, Inc., Amicus Curiae, represented by John H. Beisner

Professors Alexandra D. Lahav & Sachin S. Pandya, Amicus Curiae, represented by Sachin S. Pandya

Public Justice, P.C., Amicus Curiae, represented by Jonathan D. Selbin

The National Chicken Council, Amicus Curiae, represented by James W. Wimberly Jr.

the United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

Trans Union LLC, Amicus Curiae, represented by Stephen J. Newman

United Food and Commercial Workers International Union, Amicus Curiae, represented by Joseph M. Sellers

United States, Amicus Curiae, represented by Elizabeth Barchas Prelogar

Urethanes Plaintiffs, Amicus Curiae, represented by Paul D. Clement

U.S. Poultry & Egg Association, Amicus Curiae, represented by D. Christopher Lauderdale

Wal-Mart Stores, Inc., Amicus Curiae, represented by Theodore J. Boutrous Jr.

Washington Legal Foundation, Amicus Curiae, represented by Richard A. Samp

 
Last updated: March 27, 2017