Decided

No. 16-285

Epic Systems Corporation v. Jacob Lewis

from the United States Court of Appeals for the Seventh Circuit

See other cases from the Seventh Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a concurring opinion. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined. VIDED.

Letter of NLRB regarding oral argument filed. VIDED. (Distributed)

Argued. For petitioners in Nos. 16-285 & 16-300: Paul D. Clement, Washington, D. C.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For petitioner, acting as respondent, in No. 16-307: Richard F. Griffin, Jr., Washington, D. C. For respondents in Nos. 16-285 & 16-300: Daniel R. Ortiz, Charlottesville, Va. VIDED.

Motion for divided argument filed by NLRB GRANTED.

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

Reply of petitioner Epic Systems Corporation and respondent Murphy Oil USA, Inc. filed. VIDED. (Distributed)

Motion to dispense with printing the joint appendix filed by petitioner GRANTED.

Brief amicus curiae of New York Taxi Workers Alliance filed. VIDED. (Distributed)

Brief amicus curiae of Susan Fowler filed. VIDED. (Distributed)

Brief amicus curiae of Public Citizen, Inc. filed. VIDED. (Distributed)

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

Brief amici curiae of Main Street Alliance, et al. filed. VIDED. (Distributed)

Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. VIDED. (Distributed)

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

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

Motion for divided argument filed by NLRB. VIDED.

Brief amici curiae of Labor Law Professors filed. VIDED. (Distributed)

Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed)

Statement of amici in support of motion of NLRB for divided argument filed. VIDED.

Brief amici curiae of Ten International Labor Unions, et al. filed. VIDED. (Distributed)

CIRCULATED.

Brief amicus curiae of National Academy of Arbitrators filed. VIDED.

Record received from the U.S.D.C. Northern Dist. of Illinois is electronic.

Brief of respondent Jacob Lewis filed.

Record received from the U.S.C.A. 7th Circuit is located on PACER with the exception of SEALED documents which are electronic.

Record requested from the U.S.C.A. 7th Circuit.

SET FOR ARGUMENT on Monday, October 2, 2017. VIDED.

Brief amici curiae of Council on Labor Law Equality, et al. filed. VIDED.

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

Brief amicus curiae of New England Legal Foundation filed. VIDED.

Brief amicus curiae of Bristol Farms filed. VIDED.

Brief amici curiae of American Staffing Association, et al. filed. VIDED.

Brief amicus curiae of International Association of Defense Counsel filed. VIDED.

Brief amici curiae of Mortgage Bankers Association and State Mortgage Lending Association filed. VIDED.

Brief amicus curiae of Law Professors filed. VIDED.

Brief amicus curiae of Atlantic Legal Foundation filed. VIDED.

Brief amicus curiae of HR Policy Association filed. VIDED.

Brief amicus curiae of Pacific Legal Foundation filed.

Brief amicus curiae of Washington Legal Foundation in support of Petitioners in Nos. 16-285 and 16-300 and Respondent Murphy Oil in No.16-307 filed. VIDED.

Brief amicus curiae of The Employers Group in support of Petitioners in Nos. 16-285 and 16-300 and in support of the Respondent Murphy Oil USA in No. 16-307 filed. VIDED.

Brief amicus curiae of The Business Roundtable supporting Epic Systems Corp., Ernst & Young LLP, and Murphy Oil USA, Inc. filed. VIDED.

Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.

Brief amicus curiae of the United States supporting Petitioners in Nos.16-285 and 16- 300 and supporting Respondents in No.307 filed. VIDED.

Brief amicus curiae of The Retail Litigation Center, Inc. filed. VIDED.

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

Brief amicus curiae of Equal Employment Advisory Council filed.

Brief of petitioner Petitioner Epic Systems Corporation and Respondent Murphy Oil USA, Inc. filed. VIDED.

Motion to dispense with printing the joint appendix filed by petitioner Epic Systems Corporation.

The time to file the joint appendix and the opening briefs is further extended to and including June 9, 2017. VIDED.

The time to file the response briefs is further extended to and including August 9, 2017. VIDED.

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

The time to file the response briefs is extended to and including July 27, 2017. VIDED.

The time to file the joint appendix and the opening briefs is extended to and including April 28, 2017. VIDED.

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

The following briefing schedule is adopted: Petitioners in Nos. 16-285 and 16-300 and respondents in No. 16-307 will file opening and reply briefs under the schedule set forth in Rules 25.1 and 25.3. Respondents in Nos. 16-285 and 16-300 and petitioner in No. 16-307 will file response briefs under the schedule set forth in Rule 25.2. VIDED.

Petition GRANTED The petition for a writ of certiorari in Nos. 16-300 and 16-307 are granted. The cases are consolidated and a total of one hour is allotted for oral argument.

DISTRIBUTED for Conference of January 13, 2017.

DISTRIBUTED for Conference of January 6, 2017.

Reply of petitioner Epic Systems Corporation filed.

Brief of respondent Jacob Lewis in opposition filed.

Brief amicus curiae of Atlantic Legal Foundation filed.

Brief amicus curiae of New England Legal Foundation filed.

Brief amicus curiae of Chamber of Commerce of the United States filed.

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

Brief amicus curiae of Equal Employment Advisory Council filed.

Brief amicus curiae of Pacific Legal Foundation filed.

Brief amicus curiae of International Association of Defense Counsel filed.

Order extending time to file response to petition to and including November 14, 2016.

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

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

Petition for a writ of certiorari filed. (Response due October 3, 2016)

Application (16A93) granted by Justice Kagan extending the time to file until September 23, 2016.

Application (16A93) to extend the time to file a petition for a writ of certiorari from August 24, 2016 to September 23, 2016, submitted to Justice Kagan.

Parties

Epic Systems Corp., Petitioner, represented by Paul D. Clement

Ernst & Young LLP and Ernst & Young U.S. LLP, Respondent, represented by Kannon K. Shanmugam

Jacob Lewis, Respondent, represented by David C. Zoeller

Jacob Lewis, Respondent, represented by Daniel Roy Ortiz

Murphy Oil USA, Inc., et al., Respondent, represented by Jeffrey A. Schwartz

Sheila M. Hobson, Respondent, represented by Harold C. Becker

Stephen Morris and Kelly McDaniel, Respondent, represented by Max Folkenflik

Amici Curiae

American Staffing Association, et al., Amicus Curiae, represented by John B. Lewis

Atlantic Legal Foundation, Amicus Curiae, represented by Martin S. Kaufman

Bristol Farms, Amicus Curiae, represented by Steven B. Katz

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Andrew J. Pincus

Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod

Council on Labor Law Equality, et al., Amicus Curiae, represented by Christopher Charles Murray

DRI-The Voice of the Defense Bar, Amicus Curiae, represented by David M. Axelrad

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

HR Policy Association, Amicus Curiae, represented by Samuel Scott Shaulson

International Association of Defense Counsel, Amicus Curiae, represented by Mary-Christine Sungaila

Law Professors, Amicus Curiae, represented by Thomas R. McCarthy

Main Street Alliance, Amicus Curiae, represented by Samuel Robert Bagenstos

Maryland, et al., Amicus Curiae, represented by Patrick Browning Hughes

Mortgage Bankers Association and State Mortgage Lending Association, Amicus Curiae, represented by Stephen Andrew Fogdall

NAACP Legal Defense & Educational Fund, Inc., et al., Amicus Curiae, represented by Raymond Audain

National Academy of Arbitrators, Amicus Curiae, represented by Matthew William Finkin

National Association of Manufacturers, et al., Amicus Curiae, represented by Edward Fouad Berbarie

New England Legal Foundation, Amicus Curiae, represented by Benjamin G. Robbins

New York Taxi Workers Alliance, Amicus Curiae, represented by Jeanne Mirer

Pacific Legal Foundation, Amicus Curiae, represented by Deborah J. La Fetra

Public Citizen, Inc., Amicus Curiae, represented by Scott Lawrence Nelson

Retail Litigation Center, Inc., Amicus Curiae, represented by Adam G. Unikowsky

Susan Fowler, Amicus Curiae, represented by Christopher D. Baker

Ten International Labor Unions, et al., Amicus Curiae, represented by Michael Rubin

The Business Roundtable supporting Epic Systems Corp. Ernst & Young LLP, and Murphy Oil USA, Inc., Amicus Curiae, represented by William M. Jay

The Employers Group in support of Petitioners in Nos. 16-285 and 16-300 and in support of the Respondent Murphy Oil USA in No. 16-307, Amicus Curiae, represented by Beth Heifetz

Washington Legal Foundation in support of Petitioners in Nos. 16-285 and 16-300 and Respondent Murphy Oil in No.16-307, Amicus Curiae, represented by Richard A. Samp

 
Last updated: March 19, 2024