Tyson Foods, Inc. v. Bouaphakeo
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-1146 | 8th Cir. | Nov 10, 2015 | Apr 25, 2025 | 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 April 25, 2025. 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 |
|---|---|
| 01/26/2015 | 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. |
| 01/29/2015 | Application (14A816) granted by Justice Alito extending the time to file until March 19, 2015. |
| 03/19/2015 | Petition for a writ of certiorari filed. (Response due April 20, 2015) |
| 03/24/2015 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from cousel for the petitioner |
| 03/24/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 04/13/2015 | Order extending time to file response to petition to and including April 27, 2015. |
| 04/14/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of niether party, received from counsel for the petitioner. |
| 04/20/2015 | Brief amicus curiae of The National Chicken Council filed. |
| 04/20/2015 | Brief amicus curiae of Equal Employment Advisory Council filed. |
| 04/20/2015 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. |
| 04/20/2015 | Brief amicus curiae of U.S. Poultry & Egg Association filed. |
| 04/20/2015 | Brief amicus curiae of Washington Legal Foundation filed. |
| 04/20/2015 | Brief amici curiae of Chamber of Commerce of the United States, et al. filed. |
| 04/20/2015 | Brief amici curiae of National Association of Manufacturers, et al. filed. |
| 04/27/2015 | Brief of respondents Peg Bouaphakeo, et al., Individually and on Behalf of All Others Similarly Situated in opposition filed. |
| 05/11/2015 | Reply of petitioner Tyson Foods, Inc. filed. (Distributed) |
| 05/12/2015 | DISTRIBUTED for Conference of May 28, 2015. |
| 05/26/2015 | DISTRIBUTED for Conference of May 28, 2015. |
| 06/01/2015 | DISTRIBUTED for Conference of June 4, 2015. |
| 06/08/2015 | Petition GRANTED. |
| 06/12/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of niether party, received from counsel for the petitioner. |
| 06/23/2015 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 7, 2015. |
| 06/23/2015 | The time to file respondents' brief on the merits is extended to and including September 22, 2015. |
| 07/13/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| 08/07/2015 | Joint appendix filed. (Statement of costs filed.) |
| 08/07/2015 | Brief of petitioner Tyson Foods, Inc. filed. |
| 08/14/2015 | Brief amici curiae of Civil Procedure Scholars in support of neither party filed. |
| 08/14/2015 | Brief amicus curiae of Equal Employment Advisory Council filed. |
| 08/14/2015 | Brief amicus curiae of Association of American Railroads filed. |
| 08/14/2015 | Brief amicus curiae of Consumer Data Industry Association filed. |
| 08/14/2015 | Brief amicus curiae of Wal-Mart Stores, Inc. filed. |
| 08/14/2015 | Brief amicus curiae of Dow Chemical Company filed. |
| 08/14/2015 | Brief amicus curiae of Product Liability Advisory Council, Inc. filed. |
| 08/14/2015 | Brief amicus curiae of Trans Union LLC filed. |
| 08/14/2015 | Brief amicus curiae of Washington Legal Foundation filed. |
| 08/14/2015 | Brief amicus curiae of Cato Institute filed. |
| 08/14/2015 | Brief amici curiae of Atlantic Legal Foundation and The International Association of Defense Counsel filed. |
| 08/14/2015 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| 08/14/2015 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. |
| 08/14/2015 | Brief amici curiae of National Association of Manufacturers, et al. filed. |
| 08/14/2015 | Brief amicus curiae of Pacific Legal Foundation filed. |
| 09/09/2015 | SET FOR ARGUMENT on Tuesday, November 10, 2015 |
| 09/10/2015 | Record requested from the U.S.C.A. 8th Circuit. |
| 09/21/2015 | Record received from U.S.C.A. 8th Circuit. (1 Box ) |
| 09/22/2015 | Brief of respondents Peg Bouaphakeo, et al., Individually and on Behalf of All Others Similarly Situated filed. |
| 09/28/2015 | Brief amicus curiae of Public Justice, P.C. filed. (Distributed) |
| 09/29/2015 | CIRCULATED |
| 09/29/2015 | Brief amicus curiae of the United States filed. (Distributed) |
| 09/29/2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 09/29/2015 | Brief amici curiae of Civil Procedure Professors filed. (Distributed) |
| 09/29/2015 | Brief amicus curiae of American Independent Business Alliance filed. (Distributed) |
| 09/29/2015 | Brief amicus curiae of American Association for Justice filed. (Distributed) |
| 09/29/2015 | Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed) |
| 09/29/2015 | Brief amici curiae of Economists and Other Social Scientists filed. (Distributed) |
| 09/29/2015 | Brief amici curiae of AARP, et al. filed. (Distributed) |
| 09/29/2015 | Brief amicus curiae of Braun and Hummel filed. (Distributed) |
| 09/29/2015 | Brief amici curiae of Impact Fund, et al. filed. (Distributed) |
| 09/29/2015 | Brief amici curiae of Complex Litigation Law Professors filed. (Distributed) |
| 09/29/2015 | Brief amicus curiae of United Food and Commercial Workers International Union filed. (Distributed) |
| 09/29/2015 | Brief amici curiae of Urethanes Plaintiffs filed. (Distributed) |
| 09/29/2015 | Brief amici curiae of Illinois, et al. filed. (Distributed) |
| 09/29/2015 | Brief amici curiae of Professors Alexandra D. Lahav & Sachin S. Pandya filed. (Distributed) |
| 10/09/2015 | Record received from U.S.D.C. Northern Dist. of Iowa, the record is electronic and SEALED. |
| 10/19/2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/21/2015 | Reply of petitioner Tyson Foods, Inc. filed. (Distributed) |
| 11/10/2015 | 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.) |
| 03/22/2016 | 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. |
| 04/25/2016 | JUDGMENT ISSUED |
| 07/18/2016 | Record from the U.S.C.A. 8th Circuit has been returned. |