Ernst & Young LLP v. Morris
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-300 | 9th Cir. | Oct 2, 2017 | May 21, 2018 | 5-4 | Gorsuch | OT 2017 |
Holding: Congress has instructed in the Federal Arbitration Act that arbitration agreements providing for individualized proceedings must be enforced, and neither the Arbitration Act’s saving clause nor the National Labor Relations Act suggests otherwise.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Gorsuch on May 21, 2018. Justice Thomas filed a concurring opinion. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined.
SCOTUSblog Coverage
- OT2017 #26: "The Murder Zone" (First Mondays, May 29, 2018)
- Symposium: For decades, court has built “an edifice of its own creation” in arbitration cases -- it’s time to tear it down and rebuild (Deepak Gupta, May 24, 2018)
- Symposium: Majority gives short shrift to worker rights (Katherine Stone, May 23, 2018)
- Symposium: Justice Ginsburg’s anachronistic dissent in Epic Systems runs afoul of the Rules Enabling Act (Richard Samp, May 22, 2018)
- Symposium: Good news for employers and workers, bad news for lawyers (Archis Parasharami and Dan Jones, May 22, 2018)
- Symposium: Latest assault against workers by the Supreme Court (Nicole G. Berner and Claire Prestel, May 22, 2018)
- Symposium: The Federal Arbitration Act and the National Labor Relations Act are two ships that pass in the night (Benjamin Robbins, May 21, 2018)
- A "view" from the courtroom: Strength in numbers (Corrected) (Mark Walsh, May 21, 2018)
- Opinion analysis: Employers prevail in arbitration case (Updated) (Amy Howe, May 21, 2018)
- OT2017 #2: "Who is the River Master?" (First Mondays, October 9, 2017)
- Argument analysis: An epic day for employers in arbitration case? (UPDATED) (Amy Howe, October 2, 2017)
- Argument preview: Reconciling class waivers and the National Labor Relations Act (UPDATED) (Amy Howe, September 25, 2017)
- Court releases October calendar (Amy Howe, July 19, 2017)
- Murphy Oil’s law: Solicitor General’s office reverses course in arbitration cases, supports employers (Amy Howe, June 19, 2017)
- Court adds 16 new cases to its merits docket (Expanded) (Amy Howe, January 13, 2017)
- Petition of the day (Kate Howard, October 10, 2016)
| Date | Proceedings and Orders |
|---|---|
| Sep 08 2016 | Petition for a writ of certiorari filed. (Response due October 11, 2016) |
| Sep 21 2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners. |
| Sep 29 2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents |
| Oct 03 2016 | Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED. |
| Oct 03 2016 | Brief amicus curiae of Chamber of Commerce of the United States filed. |
| Oct 06 2016 | Order extending time to file response to petition to and including November 14, 2016. |
| Oct 07 2016 | Brief amicus curiae of International Association of Defense Counsel filed. |
| Oct 10 2016 | Brief amicus curiae of Atlantic Legal Foundation filed. |
| Oct 11 2016 | Brief amicus curiae of The Employers Group filed. |
| Oct 11 2016 | Brief amicus curiae of The Retail Litigation Center, Inc. filed. |
| Oct 11 2016 | Brief amicus curiae of The Business Roundtable filed. |
| Oct 11 2016 | Brief amicus curiae of New England Legal Foundation filed. |
| Nov 15 2016 | Order further extending time to file response to petition to and including November 21, 2016. |
| Nov 21 2016 | Brief of respondents Stephen Morris, et al. in support of granting the petition for a writ of certiorari filed. |
| Dec 06 2016 | Reply of petitioners Ernst & Young LLP, et al. filed. |
| Dec 07 2016 | DISTRIBUTED for Conference of January 6, 2017. |
| Jan 09 2017 | DISTRIBUTED for Conference of January 13, 2017. |
| Jan 13 2017 | Petition GRANTED The petition for a writ of certiorari in Nos. 16-285 and 16-307 are granted. The cases are consolidated and a total of one hour is allotted for oral argument. |
| Jan 25 2017 | 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. |
| Feb 02 2017 | Consent to the filing of amicus curiae briefs,in support of either party or of neither party, received from counsel for the petitioners Ernst & Young LLP, et al. |
| Feb 21 2017 | The time to file the joint appendix and the opening briefs is extended to and including April 28, 2017. VIDED. |
| Feb 21 2017 | The time to file the response briefs is extended to and including July 27, 2017. VIDED. |
| Apr 13 2017 | Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for respondents Morris, et al. |
| Apr 28 2017 | The time to file the joint appendix and the opening briefs is further extended to and including June 9, 2017. VIDED. |
| Apr 28 2017 | The time to file the response briefs is further extended to and including August 9, 2017. VIDED. |
| Jun 09 2017 | Joint appendix for Ernst & Young LLP, et al. filed. (Statement of costs filed.) |
| Jun 09 2017 | Brief of petitioners Ernst & Young LLP, et al. filed. |
| Jun 16 2017 | Brief amicus curiae of Bristol Farms filed. VIDED |
| Jun 16 2017 | Brief amici curiae of Law Professors filed. VIDED. |
| Jun 16 2017 | Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED. |
| Jun 16 2017 | Brief amicus curiae of the United States supporting Petitioners in Nos. 16-285 and 16-300 and supporting Respondents in No. 16-307 filed. VIDED. |
| Jun 16 2017 | Brief amicus curiae of Retail Litigation Center, Inc. filed. VIDED. |
| Jun 16 2017 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED. |
| Jun 16 2017 | Brief amicus curiae of Business Roundtable supporting Epic Systems Corp., Ernst & Young LLP, and Murphy Oil USA, Inc. filed. VIDED. |
| Jun 16 2017 | Brief amicus curiae of The Employers Group in support of Petitioners in Nos. 16-285 and 16-300 and Respondent Murphy Oil in No. 16-307 filed. VIDED. |
| Jun 16 2017 | Brief amicus curiae of Washington Legal Foundation in support of Petitioners in Nos. 16-285 and 16-300 and Respondent Murphy Oil USA,Inc. in No.16-307 filed. VIDED. |
| Jun 16 2017 | Brief amicus curiae of HR Policy Association filed. VIDED. |
| Jun 16 2017 | Brief amicus curiae of Atlantic Legal Foundation filed. VIDED. |
| Jun 16 2017 | Brief amicus curiae of DRI-Voice of the Defense Bar filed. VIDED. |
| Jun 16 2017 | Brief amicus curiae of International Association of Defense Counsel filed. VIDED. |
| Jun 16 2017 | Brief amici curiae of American Staffing Association, et al. filed. VIDED. |
| Jun 16 2017 | Brief amicus curiae of Mortgage Bankers Association and State Mortgage Lending Assocaions filed. VIDED. |
| Jun 16 2017 | Brief amicus curiae of New England Legal Foundation filed. VIDED. |
| Jun 16 2017 | Brief amici curiae of Council on Labor Law Equality, et al. filed. VIDED. |
| Jul 19 2017 | SET FOR ARGUMENT on Monday, October 2, 2017. VIDED. |
| Aug 01 2017 | Record requested from the U.S.C.A. 9th Circuit. |
| Aug 01 2017 | Records from the U.S.C.A. 9th Circuit are electronic and located on PACER. |
| Aug 09 2017 | Brief of respondents Stephen Morris, et al. filed. (Distributed) |
| Aug 10 2017 | Brief amicus curiae of National Academy of Arbitrators filed. VIDED. |
| Aug 14 2017 | CIRCULATED. |
| Aug 15 2017 | Brief amici curiae of Ten International Labor Unions, et al. filed. VIDED. (Distributed) |
| Aug 16 2017 | Statement of amici in support of motion of NLRB for divided argument filed. VIDED. |
| Aug 16 2017 | Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed) |
| Aug 16 2017 | Brief amici curiae of Labor Law Professors filed. VIDED. (Distributed) |
| Aug 16 2017 | Motion for divided argument filed by NLRB. VIDED. |
| Aug 16 2017 | Brief amici curiae of Maryland, et al. filed. VIDED. (Distributed) |
| Aug 16 2017 | Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. VIDED. (Distributed) |
| Aug 16 2017 | Brief amici curiae of Main Street Alliance, et al. filed. VIDED. (Distributed) |
| Aug 16 2017 | Brief amicus curiae of American Association for Justice filed. VIDED. (Distributed) |
| Aug 16 2017 | Brief amicus curiae of Public Citizen, Inc. filed. VIDED. (Distributed) |
| Aug 16 2017 | Brief amicus curiae of Susan Fowler filed. VIDED. (Distributed) |
| Aug 16 2017 | Brief amicus curiae of New York Taxi Workers Alliance filed. VIDED. (Distributed) |
| Aug 16 2017 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Sep 08 2017 | Reply of petitioners Ernst & Young, et al. filed. (Distributed) |
| Sep 25 2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Sep 25 2017 | Motion for divided argument filed by NLRB GRANTED. |
| Oct 02 2017 | 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. |
| Oct 03 2017 | Letter of NLRB regarding oral argument filed. VIDED. (Distributed) |
| May 21 2018 | 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. |
| Jun 22 2018 | JUDGMENT ISSUED. |
