BNSF Railway Co. v. Tyrrell
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 16-405 | Apr 25, 2017 | Apr 28, 2025 | 8-1 | Ginsburg | OT 2016 |
Holding: (1) Section 56 of the Federal Employers' Liability Act -- which provides that "an action may be brought in a district court of the United States," in, among other places, the district "in which the defendant shall be doing business at the time of commencing such action" -- does not address personal jurisdiction over railroads; and (2) the Montana courts' exercise of general personal jurisdiction under Montana law does not comport with the 14th Amendment's due process clause.
Judgment: Reversed and remanded, 8-1, in an opinion by Justice Ginsburg on April 28, 2025. Justice Sotomayor filed an opinion concurring in part and dissenting in part.
SCOTUSblog Coverage
- Opinion analysis: Court restricts lawsuits against out-of-state railroads (Amy Howe, May 30, 2017)
- Argument analysis: Justices likely to hand victory to railroad in jurisdictional dispute (Amy Howe, April 25, 2017)
- Argument preview: Jurisdiction, precedent and the Federal Employers Liability Act (Amy Howe, April 24, 2017)
- Court adds 16 new cases to its merits docket (Expanded) (Amy Howe, January 13, 2017)
| Date | Proceedings and Orders |
|---|---|
| 07/18/2016 | 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. |
| 07/20/2016 | Application (16A67) granted by Justice Kennedy extending the time to file until September 28, 2016. |
| 09/28/2016 | Petition for a writ of certiorari filed. (Response due October 28, 2016) |
| 10/20/2016 | Order extending time to file response to petition to and including November 28, 2016. |
| 10/28/2016 | Motion for leave to file amicus brief filed by The Association of American Railroads. |
| 10/28/2016 | Motion for leave to file amicus brief filed by Washington Legal Foundation. |
| 10/28/2016 | Motion for leave to file amicus brief filed by National Association of Manufacturers. |
| 10/28/2016 | Motion for leave to file amici brief filed by The Chamber of Commerce of the United States of America, et al. |
| 11/28/2016 | Brief of respondents Kelli Tyrrell, Special Administrator for the Estate of Brent T. Tyrrell, Deceased, et al. in opposition filed. |
| 12/13/2016 | Reply of petitioner BNSF Railway Co. filed. |
| 12/14/2016 | DISTRIBUTED for Conference of January 6, 2017. |
| 01/09/2017 | DISTRIBUTED for Conference of January 13, 2017. |
| 01/13/2017 | Motion for leave to file amicus brief filed by National Association of Manufacturers GRANTED. |
| 01/13/2017 | Motion for leave to file amici brief filed by The Chamber of Commerce of the United States of America, et al. GRANTED. |
| 01/13/2017 | Motion for leave to file amicus brief filed by The Association of American Railroads GRANTED. |
| 01/13/2017 | Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED. |
| 01/13/2017 | Petition GRANTED. |
| 01/17/2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Petitioner. |
| 02/17/2017 | SET FOR ARGUMENT ON Tuesday, April 25, 2017 |
| 02/21/2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Respondents. |
| 02/24/2017 | Record requested from the Supreme Court of Montana. |
| 02/27/2017 | Joint appendix filed. (Statement of costs filed.) |
| 02/27/2017 | Brief of petitioner BNSF Railway Company filed. |
| 03/02/2017 | Record received from the Supreme Court of Montana. The record is electronic. |
| 03/06/2017 | Brief amici curiae of Washington Legal Foundation, and Allied Educational Foundation filed. |
| 03/06/2017 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. |
| 03/06/2017 | Brief amicus curiae of United States filed. |
| 03/06/2017 | Brief amicus curiae of National Association of Manufacturers filed. |
| 03/06/2017 | Brief amicus curiae of Association of American Railroads filed. |
| 03/06/2017 | Brief amicus curiae of Professor Stephen E. Sachs filed. |
| 03/07/2017 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 03/22/2017 | CIRCULATED. |
| 03/24/2017 | Record received from the Montana 13th Judicial District Court for Yellowstone County (1 envelope). |
| 03/29/2017 | Brief of respondents Kelli Tyrrell, Special Administrator for the Estate of Brent T. Tyrrell, Deceased, et al. filed. (Distributed) |
| 04/03/2017 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 04/04/2017 | Brief amicus curiae of Academy of Rail Labor Attorneys filed. (Distributed) |
| 04/05/2017 | Brief amicus curiae of Brotherhood of Maintenance of Way Employes Division/IBT filed. (Distributed) |
| 04/05/2017 | Brief amicus curiae of The American Association for Justice filed. (Distributed) |
| 04/17/2017 | Reply of petitioner BNSF Railway Company filed. (Distributed) |
| 04/25/2017 | 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. |
| 05/30/2017 | 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. |
| 07/03/2017 | MANDATE ISSUED. |
| 07/03/2017 | JUDGMENT ISSUED. |
| 08/29/2018 | The record from the Supreme Court of Montana has been returned. |