Decided

No. 16-307

National Labor Relations Board v. Murphy Oil USA, Inc., et al.

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

JUDGMENT ISSUED.

Adjudged to be AFFIRMED. 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.

Letter of NLRB regarding oral argument filed. VIDED. (Distributed)

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.

Motion for divided argument filed by NLRB GRANTED.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Reply of petitioner Epic Systems Corporation and respondent Murphy Oil USA, Inc. filed. VIDED (Distributed)

Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.

Motion for divided argument filed by NLRB. VIDED.

Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed)

Brief amici curiae of Labor Law Professors filed. VIDED. (Distributed)

Statement of amici in support of motion of NLRB for divided argument filed. VIDED.

Brief amici curiae of Maryland, et al. filed. VIDED. (Distributed)

Brief amicus curiae of New York Taxi Workers Alliance filed. VIDED. (Distributed)

Brief amicus curiae of Susan Fowler filed. VIDED. (Distributed)

Brief amicus curiae of Public Citizen, Inc. filed. VIDED. (Distributed)

Brief amicus curiae of American Association for Justice filed. VIDED. (Distributed)

Brief amici curiae of Main Street Alliance, et al. filed. VIDED. (Distributed)

Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. VIDED. (Distributed)

Brief amici curiae of Ten International Labor Unions, et al. filed. VIDED. (Distributed)

CIRCULATED.

Record received from the U.S.C.A. 5th Circuit is electronic.

Brief amicus curiae of National Academy of Arbitrators filed. VIDED.

Brief of National Labor Relations Board filed.

Brief of respondent Sheila Hobson in support of NLRB filed.

Record requested from the U.S.C.A. 5th Circuit.

SET FOR ARGUMENT on Monday, October 2, 2017. VIDED.

Brief amicus curiae of The Chamber of Commerce of the United States of America filed. VIDED.

Brief amicus curiae of New England Legal Foundation filed. VIDED.

Brief amici curiae of Mortgage Bankers Association and State Mortgage Lending Association filed. VIDED.

Brief amicus curiae of Bristol Farms filed. VIDED.

Brief amici curiae of American Staffing Association, et al. filed. VIDED.

Brief amicus curiae of International Association of Defense Counsel filed. VIDED.

Brief amicus curiae of DRI-The Voice of the Defense Bar filed. VIDED.

Brief amici curiae of Law Professors filed. VIDED.

Brief amicus curiae of Atlantic Legal Foundation filed. VIDED.

Brief amicus curiae of HR Policy Association filed. VIDED.

Brief amicus curiae of Retail Litigation Center, Inc. in support of Petitioners in Nos. 16-285 and 16-300 and Respondent in No.16-307 filed.

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.

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.

Brief amicus curiae of The Business Roundtable supporting Epic Systems Corp., Ernst & Young LLP, and Murphy Oil USA, Inc. filed. VIDED.

Brief amicus curiae of United States supporting Petitioners in Nos. 16-285 and 16-300 and supporting Respondents in No. 307 filed. VIDED.

Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.

Brief amici curiae of Council on Labor Law Equality, et al. filed. VIDED.

Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for National Labor Relations Board.

Joint appendix for Murphy Oil USA, Inc., et al. filed. (Statement of costs filed.)

Brief of Petitioner Epic Systems Corporation and Respondent Murphy Oil USA, Inc. filed. VIDED.

The time to file the response briefs is further extended to and including August 9, 2017. VIDED.

The time to file the joint appendix and the opening briefs is further extended to and including June 9, 2017. VIDED.

Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for respondent in support Sheila M. Hobson.

Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for respondents filed.

The time to file the response briefs is extended to and including July 27, 2017. VIDED.

The time to file the joint appendix and the opening briefs is extended to and including April 28, 2017. VIDED.

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.

Petition GRANTED The petition for a writ of certiorari in Nos. 16-285 and 16-300 are granted. The cases are consolidated and a total of one hour is allotted for oral argument.

DISTRIBUTED for Conference of January 13, 2017.

Reply of petitioner National Labor Relations Board filed. (Distributed)

DISTRIBUTED for Conference of January 6, 2017.

Brief of respondent Murphy Oil USA, Inc. in opposition filed.

Brief amicus curiae of The Chamber of Commerce of the United States filed.

Brief amicus curiae of Public Citizen, Inc. filed.

Order extending time to file response to petition to and including November 10, 2016.

Petition for a writ of certiorari filed. (Response due October 11, 2016)

Application (16A112) granted by Justice Thomas extending the time to file until September 9, 2016.

Application (16A112) to extend the time to file a petition for a writ of certiorari from August 11, 2016 to September 9, 2016, submitted to Justice Thomas.

Parties

National Labor Relations Board, Petitioner, represented by Edwin S. Kneedler

National Labor Relations Board, Petitioner, represented by John H. Ferguson

NLRB, Petitioner, represented by Linda J. Dreeben

Murphy Oil USA, Inc., Respondent, represented by Jeffrey A. Schwartz

Sheila Hobson in support, Respondent, represented by Harold Craig Becker

Amici Curiae

American Staffing Association, et al., Amicus Curiae, represented by John B. Lewis

Atlantic Legal Foundation, Amicus Curiae, represented by Martin S. Kaufman

Bristol Farms, Amicus Curiae, represented by Steven B. Katz

Constitutional Accountablility Center, Amicus Curiae, represented by Brianne Gorod

Council on Labor Law Equality, et al., Amicus Curiae, represented by Christopher Charles Murray

DRI-The Voice of the Defense Bar, Amicus Curiae, represented by David M. Axelrad

HR Policy Association, Amicus Curiae, represented by Samuel Scott Shaulson

International Association of Defense Counsel, Amicus Curiae, represented by Mary-Christine Sungaila

Law Professors, Amicus Curiae, represented by Thomas R. McCarthy

Mortgage Bankers Association and State Mortgage Lending Association, Amicus Curiae, represented by Stephen Andrew Fogdall

National Academy of Arbitrators, Amicus Curiae, represented by Matthew Finkin

National Association of Manufacturers, et al., Amicus Curiae, represented by Edward Fouad Berbarie

New England Legal Foundation, Amicus Curiae, represented by Benjamin G. Robbins

Public Citizen, Inc., Amicus Curiae, represented by Scott L. Nelson

Retail Litigation Center, Inc. in support of Petitioners in Nos. 16-285 and 16-300 and Respondent in No.16-307, Amicus Curiae, represented by Adam G. Unikowsky

Ten International Labor Unions, et al., Amicus Curiae, represented by Michael Rubin

The Business Roundtable supporting Epic Systems Corp., Ernst & Young LLP, and Murphy Oil USA, Inc., Amicus Curiae, represented by William M. Jay

The Chamber of Commerce of the United States of America, Amicus Curiae, represented by Andrew J. Pincus

The Employers Group in support of Petitioners in Nos. 16-285 and 16-300 and Respondent Murphy Oil in No.16-307, Amicus Curiae, represented by Beth Heifetz

Washington Legal Foundation in support of Petitioners in Nos. 16-285 and 16-300 and Respondent Murphy Oil USA, Inc. in No. 307, Amicus Curiae, represented by Richard A. Samp

 
Last updated: March 28, 2024