BNSF Railway Company v. Loos
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-1042 | 8th Cir. | Nov 6, 2018 | Mar 4, 2019 | 7-2 | Ginsburg | OT 2018 |
Holding: A railroad’s payment to an employee for working time lost due to an on-the-job injury is taxable “compensation” under the Railroad Retirement Tax Act.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Ginsburg on March 4, 2019. Justice Gorsuch filed a dissenting opinion, in which Justice Thomas joined.
SCOTUSblog Coverage
- Opinion analysis: The doctrine that dare not speak its name (Daniel Hemel, March 4, 2019)
- A “view” from the courtroom: Third Mondays (Mark Walsh, March 4, 2019)
- OT2018 #7: "Now Who's the Legal Realist?" (First Mondays, November 12, 2018)
- Argument analysis: Hating on Chevron (Daniel Hemel, November 7, 2018)
- Argument preview: Please tax me more? (Daniel Hemel, October 30, 2018)
- Two new grants, one CVSG today (Amy Howe, May 14, 2018)
- Petition of the day (Aurora Barnes, February 26, 2018)
| Date | Proceedings and Orders |
|---|---|
| Jan 23 2018 | Petition for a writ of certiorari filed. (Response due February 26, 2018) |
| Feb 06 2018 | Waiver of right of respondent Michael Loos to respond filed. |
| Feb 14 2018 | DISTRIBUTED for Conference of 3/2/2018. |
| Feb 21 2018 | Response Requested. (Due March 23, 2018) |
| Feb 26 2018 | Motion for leave to file amicus brief filed by Association of American Railroads. |
| Mar 23 2018 | Brief of respondent Michael Loos in opposition filed. |
| Apr 10 2018 | Reply of petitioner BNSF Railway Company filed. |
| Apr 11 2018 | DISTRIBUTED for Conference of 4/27/2018. |
| May 07 2018 | DISTRIBUTED for Conference of 5/10/2018. |
| May 14 2018 | Motion for leave to file amicus brief filed by Association of American Railroads GRANTED. |
| May 14 2018 | Petition GRANTED. |
| Jun 05 2018 | Motion for an extension of time to file the joint appendix and the opening briefs on the merits filed. |
| Jun 08 2018 | Motion to extend the time to file the joint appendix and the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 20, 2018. The time to file respondent's brief on the merits is extended to and including September 10, 2018. |
| Jul 06 2018 | Blanket Consent filed by Respondent, Michael Loos. |
| Jul 20 2018 | Brief of petitioner BNSF Railway Company filed. |
| Jul 20 2018 | Joint appendix and supplemental volume filed. |
| Jul 27 2018 | Brief amicus curiae of Association of American Railroads filed. |
| Jul 27 2018 | Brief amicus curiae of United States filed. |
| Aug 20 2018 | SET FOR ARGUMENT on Tuesday, November 6, 2018 |
| Sep 10 2018 | Record requested from the U.S.C.A. 8th Circuit. |
| Sep 10 2018 | Brief of respondent Michael Loos filed. |
| Sep 12 2018 | CIRCULATED |
| Sep 13 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Sep 17 2018 | Brief amicus curiae of American Association for Justice filed. (Distributed) |
| Sep 17 2018 | Brief amici curiae of SMART and ARLA filed. (Distributed) |
| Sep 20 2018 | Record received from the U.S.C.A. 8th Circuit. 1 Box, the record is complete. |
| Oct 01 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 10 2018 | Reply of petitioner BNSF Railway Company filed. (Distributed) |
| Oct 30 2018 | Letter of the United States filed. (Distributed). |
| Nov 06 2018 | Argued. For petitioner: Lisa S. Blatt, Washington, D. C.; and Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: David C. Frederick, Washington, D. C. |
| Mar 04 2019 | Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas, J., joined. |
| Apr 05 2019 | JUDGMENT ISSUED. |
| Aug 05 2019 | The record from the U.S.C.A. 8th Circuit has been returned. |
