Tyson Foods, Inc. v. Bouaphakeo
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-1146 | 8th Cir. | Nov 10, 2015 | Mar 22, 2016 | 6-2 | Kennedy | OT 2015 |
Holding: The district court did not err in certifying and maintaining a class of employees who allege that the employer’s failure to pay them for donning and doffing protective gear violate the Fair Labor Standards Act, notwithstanding the employees’ reliance on “representative evidence” to determine the number of additional hours that each employee worked, when the employer had failed to keep adequate records.
Judgment: Affirmed and remanded, 6-2, in an opinion by Justice Kennedy on March 22, 2016. Chief Justice Roberts filed a concurring opinion, in which Justice Alito joined as to Part II. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.
SCOTUSblog Coverage
- Opinion analysis: Group lawsuits get a (modest?) boost (Lyle Denniston, March 22, 2016)
- Argument analysis: Big test of class action -- maybe not so big (Lyle Denniston, November 10, 2015)
- Argument preview: New woe for class-action lawsuits? (Lyle Denniston, November 7, 2015)
| Date | Proceedings and Orders |
|---|---|
| Jan 26 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. |
| Jan 29 2015 | Application (14A816) granted by Justice Alito extending the time to file until March 19, 2015. |
| Mar 19 2015 | Petition for a writ of certiorari filed. (Response due April 20, 2015) |
| Mar 24 2015 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from cousel for the petitioner |
| Mar 24 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| Apr 13 2015 | Order extending time to file response to petition to and including April 27, 2015. |
| Apr 14 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of niether party, received from counsel for the petitioner. |
| Apr 20 2015 | Brief amicus curiae of The National Chicken Council filed. |
| Apr 20 2015 | Brief amicus curiae of Equal Employment Advisory Council filed. |
| Apr 20 2015 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. |
| Apr 20 2015 | Brief amicus curiae of U.S. Poultry & Egg Association filed. |
| Apr 20 2015 | Brief amicus curiae of Washington Legal Foundation filed. |
| Apr 20 2015 | Brief amici curiae of Chamber of Commerce of the United States, et al. filed. |
| Apr 20 2015 | Brief amici curiae of National Association of Manufacturers, et al. filed. |
| Apr 27 2015 | Brief of respondents Peg Bouaphakeo, et al., Individually and on Behalf of All Others Similarly Situated in opposition filed. |
| May 11 2015 | Reply of petitioner Tyson Foods, Inc. filed. (Distributed) |
| May 12 2015 | DISTRIBUTED for Conference of May 28, 2015. |
| May 26 2015 | DISTRIBUTED for Conference of May 28, 2015. |
| Jun 1 2015 | DISTRIBUTED for Conference of June 4, 2015. |
| Jun 8 2015 | Petition GRANTED. |
| Jun 12 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of niether party, received from counsel for the petitioner. |
| Jun 23 2015 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 7, 2015. |
| Jun 23 2015 | The time to file respondents' brief on the merits is extended to and including September 22, 2015. |
| Jul 13 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| Aug 7 2015 | Joint appendix filed. (Statement of costs filed.) |
| Aug 7 2015 | Brief of petitioner Tyson Foods, Inc. filed. |
| Aug 14 2015 | Brief amici curiae of Civil Procedure Scholars in support of neither party filed. |
| Aug 14 2015 | Brief amicus curiae of Equal Employment Advisory Council filed. |
| Aug 14 2015 | Brief amicus curiae of Association of American Railroads filed. |
| Aug 14 2015 | Brief amicus curiae of Consumer Data Industry Association filed. |
| Aug 14 2015 | Brief amicus curiae of Wal-Mart Stores, Inc. filed. |
| Aug 14 2015 | Brief amicus curiae of Dow Chemical Company filed. |
| Aug 14 2015 | Brief amicus curiae of Product Liability Advisory Council, Inc. filed. |
| Aug 14 2015 | Brief amicus curiae of Trans Union LLC filed. |
| Aug 14 2015 | Brief amicus curiae of Washington Legal Foundation filed. |
| Aug 14 2015 | Brief amicus curiae of Cato Institute filed. |
| Aug 14 2015 | Brief amici curiae of Atlantic Legal Foundation and The International Association of Defense Counsel filed. |
| Aug 14 2015 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| Aug 14 2015 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. |
| Aug 14 2015 | Brief amici curiae of National Association of Manufacturers, et al. filed. |
| Aug 14 2015 | Brief amicus curiae of Pacific Legal Foundation filed. |
| Sep 9 2015 | SET FOR ARGUMENT on Tuesday, November 10, 2015 |
| Sep 10 2015 | Record requested from the U.S.C.A. 8th Circuit. |
| Sep 21 2015 | Record received from U.S.C.A. 8th Circuit. (1 Box ) |
| Sep 22 2015 | Brief of respondents Peg Bouaphakeo, et al., Individually and on Behalf of All Others Similarly Situated filed. |
| Sep 28 2015 | Brief amicus curiae of Public Justice, P.C. filed. (Distributed) |
| Sep 29 2015 | CIRCULATED |
| Sep 29 2015 | Brief amicus curiae of the United States filed. (Distributed) |
| Sep 29 2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Sep 29 2015 | Brief amici curiae of Civil Procedure Professors filed. (Distributed) |
| Sep 29 2015 | Brief amicus curiae of American Independent Business Alliance filed. (Distributed) |
| Sep 29 2015 | Brief amicus curiae of American Association for Justice filed. (Distributed) |
| Sep 29 2015 | Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed) |
| Sep 29 2015 | Brief amici curiae of Economists and Other Social Scientists filed. (Distributed) |
| Sep 29 2015 | Brief amici curiae of AARP, et al. filed. (Distributed) |
| Sep 29 2015 | Brief amicus curiae of Braun and Hummel filed. (Distributed) |
| Sep 29 2015 | Brief amici curiae of Impact Fund, et al. filed. (Distributed) |
| Sep 29 2015 | Brief amici curiae of Complex Litigation Law Professors filed. (Distributed) |
| Sep 29 2015 | Brief amicus curiae of United Food and Commercial Workers International Union filed. (Distributed) |
| Sep 29 2015 | Brief amici curiae of Urethanes Plaintiffs filed. (Distributed) |
| Sep 29 2015 | Brief amici curiae of Illinois, et al. filed. (Distributed) |
| Sep 29 2015 | Brief amici curiae of Professors Alexandra D. Lahav & Sachin S. Pandya filed. (Distributed) |
| Oct 9 2015 | Record received from U.S.D.C. Northern Dist. of Iowa, the record is electronic and SEALED. |
| Oct 19 2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 21 2015 | Reply of petitioner Tyson Foods, Inc. filed. (Distributed) |
| Nov 10 2015 | 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.) |
| Mar 22 2016 | 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. |
| Apr 25 2016 | JUDGMENT ISSUED |
| Jul 18 2016 | Record from the U.S.C.A. 8th Circuit has been returned. |
