| No. 17-1042 | |
| Title: | BNSF Railway Company, Petitioner v. Michael D. Loos |
| Docketed: | January 25, 2018 |
| Lower Ct: | United States Court of Appeals for the Eighth Circuit |
| Case Numbers: | (15-3355, 16-1123) |
| Decision Date: | August 3, 2017 |
| Rehearing Denied: | October 26, 2017 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jan 23 2018 | Petition for a writ of certiorari filed. (Response due February 26, 2018) |
| PetitionProof of ServiceCertificate of Word Count | |
| Feb 06 2018 | Waiver of right of respondent Michael Loos to respond filed. |
| Main Document | |
| 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. |
| Main DocumentProof of Service | |
| Mar 23 2018 | Brief of respondent Michael Loos in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 10 2018 | Reply of petitioner BNSF Railway Company filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| 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. |
| Main DocumentProof of Service | |
| 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. |
| Blanket Consent | |
| Jul 20 2018 | Brief of petitioner BNSF Railway Company filed. |
| Main DocumentCertificate of Word CountProof of ServiceOther | |
| Jul 20 2018 | Joint appendix and supplemental volume filed. |
| Main DocumentOtherProof of Service | |
| Jul 27 2018 | Brief amicus curiae of Association of American Railroads filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jul 27 2018 | Brief amicus curiae of United States filed. |
| Proof of ServiceMain Document | |
| 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. |
| Main DocumentCertificate of Word CountProof of Service | |
| 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. |
| Proof of ServiceMain Document | |
| Sep 17 2018 | Brief amicus curiae of American Association for Justice filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 17 2018 | Brief amici curiae of SMART and ARLA filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| 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) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 30 2018 | Letter of the United States filed. (Distributed). |
| Main Document | |
| 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. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Lisa Schiavo Blatt Counsel of Record | Williams & Connolly LLP 725 Twelfth Street, NW Washington, DC 20005 lblatt@wc.com | 202-434-5050 |
| Party name: BNSF Railway Company | ||
| Charles Glaston Cole | Steptoe & Johnson, LLP 1330 Connecticut Ave., NW Washington, DC 20036 ccole@steptoe.com | 202-429-6720 |
| Party name: BNSF Railway Company | ||
| Attorneys for Respondent | ||
| David C. Frederick Counsel of Record | Kellogg, Hansen, Todd, Figel & Frederick 1615 M Street, NW, Suite 400 Washington, DC 20036-3209 dfrederick@kellogghansen.com | 202-326-7900 |
| Party name: Michael Loos | ||
| Michael Armin Wolff | Schlichter Bogard & Denton LLP 100 South Street Suite 1200 Saint Louis, MO 63102 mwolff@uselaws.com | 3146216115 |
| Party name: Michael Loos | ||
| Other | ||
| Noel J. Francisco | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Robert P. Marcus Counsel of Record | Kujawski & Associates, PC 1331 Park Plaza Drive Suite 2 O'Fallon, IL 62269 bmarcus@kujawskimarcus.com | 6186223600 |
| Party name: SMART and ARLA | ||
| Daniel Saphire Counsel of Record | Association of Amer. Railroads 425 3rd Street. N.W. Washington, DC 20024 dsaphire@aar.org | 202-639-2505 |
| Party name: Association of American Railroads | ||
| Jeffrey Robert White Counsel of Record | American Association for Justice 777 6th Street NW Suite 200 Washington, DC 20001-3723 jeffrey.white@justice.org | 2029442839 |
| Party name: American Association for Justice | ||