Decided

No. 16-405

BNSF Railway Co. v. Kelli Tyrrell, Special Administrator for the Estate of Brent T. Tyrrell, Deceased, et al.

from the Supreme Court of Montana

See other cases from Montana.

Docket Entries

JUDGMENT ISSUED.

MANDATE ISSUED.

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

Argued. For petitioner: Andrew S. Tulumello, Washington, D. C.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Julie A. Murray, Washington, D. C.

Reply of petitioner BNSF Railway Company filed. (Distributed)

Brief amicus curiae of Brotherhood of Maintenance of Way Employes Division/IBT filed. (Distributed)

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

Brief amicus curiae of Academy of Rail Labor Attorneys filed. (Distributed)

Record received from the Montana 13th Judicial District Court for Yellowstone County (1 envelope).

CIRCULATED.

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

Brief amicus curiae of Professor Stephen E. Sachs filed.

Brief amicus curiae of Association of American Railroads filed.

Brief amicus curiae of National Association of Manufacturers filed.

Brief amicus curiae of United States filed.

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

Brief amici curiae of Washington Legal Foundation, and Allied Educational Foundation filed.

Record received from the Supreme Court of Montana. The record is electronic.

Joint appendix filed. (Statement of costs filed.)

Brief of petitioner BNSF Railway Company filed.

Record requested from the Supreme Court of Montana.

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

SET FOR ARGUMENT ON Tuesday, April 25, 2017

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

Motion for leave to file amici brief filed by The Chamber of Commerce of the United States of America, et al. GRANTED.

Motion for leave to file amicus brief filed by National Association of Manufacturers GRANTED.

Motion for leave to file amicus brief filed by The Association of American Railroads GRANTED.

Petition GRANTED.

Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED.

DISTRIBUTED for Conference of January 13, 2017.

DISTRIBUTED for Conference of January 6, 2017.

Reply of petitioner BNSF Railway Co. filed.

Brief of respondents Kelli Tyrrell, Special Administrator for the Estate of Brent T. Tyrrell, Deceased, et al. in opposition filed.

Motion for leave to file amici brief filed by The Chamber of Commerce of the United States of America, et al.

Motion for leave to file amicus brief filed by National Association of Manufacturers.

Motion for leave to file amicus brief filed by Washington Legal Foundation.

Motion for leave to file amicus brief filed by The Association of American Railroads.

Order extending time to file response to petition to and including November 28, 2016.

Petition for a writ of certiorari filed. (Response due October 28, 2016)

Application (16A67) granted by Justice Kennedy extending the time to file until September 28, 2016.

Application (16A67) to extend the time to file a petition for a writ of certiorari from August 29, 2016 to September 28, 2016, submitted to Justice Kennedy.

Parties

BNSF Railway Company, Petitioner, represented by Andrew S. Tulumello

Kelli Tyrrell, Special Administrator for the Estate of Brent T. Tyrrell, Deceased, et al., Respondent, represented by Julie A. Murray

Kelli Tyrrell, Special Administrator for the Estate of Brent T. Tyrrell, Deceased, et al., Respondent, represented by Robert S. Fain Jr.

Amici Curiae

Academy of Rail Labor Attorneys, Amicus Curiae, represented by Lawrence M. Mann

Brotherhood of Maintenance of Way Employes Division /IBT, Amicus Curiae, represented by Richard Steven Edelman

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

Professor Stephen E. Sachs, Amicus Curiae, represented by Stephen E. Sachs

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

The Chamber of Commerce of the United States of America, et al., Amicus Curiae, represented by Paul D. Clement

United States, Amicus Curiae, represented by Nicole A. Saharsky

Washington Legal Foundation, and Allied Educational Foundation, Amicus Curiae, represented by Cory L. Andrews

 
Last updated: April 20, 2024