No. 18-389
Parker Drilling Management Services, Ltd. v. Brian Newton
Tags: choice-of-law circuit-split fair-labor-standards-act federal-jurisdiction federal-law federal-preemption gap-filling outer-continental-shelf-lands-act reliance-interests state-law state-law-borrowing statutory-interpretation wage-and-hour-laws
Latest Conference:
2019-01-11
(distributed 2 times)
Question Presented (from Petition)
Whether, under OCSLA, state law is borrowed as the applicable federal law only when there is a gap in the coverage of federal law, as the Fifth Circuit has held, or whenever state law pertains to the subject matter of a lawsuit and is not preempted by inconsistent federal law, as the Ninth Circuit has held.
Question Presented (AI Summary)
Whether, under OCSLA, state law is borrowed as the applicable federal law only when there is a gap in the coverage of federal law, as the Fifth Circuit has held, or whenever state law pertains to the subject matter of a lawsuit and is not preempted by inconsistent federal law, as the Ninth Circuit has held
Docket Entries
2019-07-12
JUDGMENT ISSUED.
2019-06-10
Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court.
2019-04-16
Argued. For petitioner: Paul D. Clement, Washington, D. C.; and Christopher G. Michel, 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.
2019-04-12
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2019-04-09
Reply of petitioner Parker Drilling Management Services, Ltd. filed. (Distributed)
2019-03-29
Brief amicus curiae of California Applicants' Attorneys Association ("CAAA") filed.
2019-03-27
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2019-03-22
Brief of respondent Brian Newton filed. (Distributed)
2019-03-21
Record requested from the U.S.C.A. 9th Circuit.
2019-03-20
CIRCULATED
2019-02-27
Brief amici curiae of Freeport-McMoRan Oil & Gas LLC, et al. filed.
2019-02-27
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
2019-02-27
Brief amicus curiae of Washington Legal Foundation filed.
2019-02-27
Brief amicus curiae of United States filed.
2019-02-20
Brief of petitioner Parker Drilling Management Services, Ltd. filed.
2019-02-20
Joint appendix filed. (Statement of costs received)
2019-02-11
SET FOR ARGUMENT on Tuesday, April 16, 2019
2019-01-23
Blanket Consent filed by Petitioner, Parker Drilling Management Services, Ltd..
2019-01-22
Blanket Consent filed by Respondent, Brian Newton
2019-01-11
Petition GRANTED.
2019-01-07
DISTRIBUTED for Conference of 1/11/2019.
2018-12-12
DISTRIBUTED for Conference of 1/4/2019.
2018-12-11
Reply of petitioner Parker Drilling Management Services, Ltd. filed.
2018-11-26
Brief of respondent Brian Newton in opposition filed.
2018-10-26
Brief amicus curiae of Washington Legal Foundation filed.
2018-10-26
Brief amici curiae of Freeport-McMoRan Oil & Gas et al. filed.
2018-10-26
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
2018-10-19
Motion to extend the time to file a response is granted and the time is extended to and including November 26, 2018.
2018-10-17
Motion to extend the time to file a response from October 26, 2018 to November 26, 2018, submitted to The Clerk.
2018-10-10
Blanket Consent filed by Petitioner, Parker Drilling Management Services, Ltd.
2018-09-24
Petition for a writ of certiorari filed. (Response due October 26, 2018)
2018-08-08
Application (18A20) granted by The Chief Justice extending the time to file until September 24, 2018.
2018-08-07
Application (18A20) to extend further the time from August 27, 2018 to September 24, 2018, submitted to The Chief Justice.
2018-07-05
Application (18A20) granted by Justice Kennedy extending the time to file until August 27, 2018.
2018-06-28
Application (18A20) to extend the time to file a petition for a writ of certiorari from July 26, 2018 to August 27, 2018, submitted to Justice Kennedy.
Attorneys
Brian Newton
David C. Frederick — Kellogg, Hansen, Todd, Figel & Frederick, Respondent
Michael Anthony Strauss — Strauss & Strauss, APC, Respondent
CALIFORNIA APPLICANTS’ ATTORNEYS ASSOCIATION (“CAAA”)
Chamber of Commerce of the United States of America
Hyland Hunt — Deutsch Hunt PLLC, Amicus
Freeport-McMoRan Oil & Gas LLC, et al.
Jeremy Charles Marwell — Vinson & Elkins LLP, Amicus
Parker Drilling Management Services, Ltd.
Paul D. Clement — Kirkland & Ellis LLP, Petitioner
United States
Noel J. Francisco — Solicitor General, Amicus
Washington Legal Foundation
Richard A. Samp — Washington Legal Foundation, Amicus