No. 20-807
Bradley LeDure v. Union Pacific Railroad Company
Tags: circuit-split federal-employers-liability-act foreseeability in-use interstate-commerce locomotive-inspection-act negligence-per-se railroad-liability safety-regulation statutory-interpretation
Latest Conference:
2021-12-10
(distributed 3 times)
Question Presented (from Petition)
Two questions are presented:
1. Whether a locomotive is in use on a railroad's line and subject to the LIA and its safety regulations when its train makes a temporary stop in a railyard as part of its unitary journey in interstate commerce, or whether such use does not resume until the locomotive has left the yard as part of a fully assembled train, as held by the Seventh Circuit below, contrary to the decisions of this Court and other circuits.
2. Whether the FELA allows a jury determination on the issue of foreseeability of harm from oil on a locomotive passageway when the railroad failed to conduct federally mandated daily safety inspections intended to discover and cure such hazards in the days before the injury incident, contrary to the longstanding decisions of this Court.
Question Presented (AI Summary)
Whether a locomotive is in use on a railroad's line and subject to the LIA and its safety regulations
Docket Entries
2022-05-31
JUDGMENT ISSUED
2022-04-28
Adjudged to be AFFIRMED by an equally divided Court. Justice Barrett took no part in the consideration or decision of this petition. Opinion per curiam.
2022-03-28
Argued. For petitioner: David C. Frederick, Washington, D. C.; and Colleen E. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: J. Scott Ballenger, Washington, D. C.
2022-03-18
Reply of petitioner Bradley LeDure filed. (Distributed)
2022-03-18
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. Justice Barrett took no part in the consideration or decision of this motion.
2022-03-09
Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
2022-03-09
Brief amicus curiae of Association of American Railroads filed. (Distributed)
2022-03-07
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
2022-03-02
Brief of respondent Union Pacific Railroad Company filed. (Distributed)
2022-02-15
The record from the U.S.D.C. Southern District of Illinois is electronic and located on Pacer.
2022-02-11
CIRCULATED
2022-02-07
Brief amici curiae of Sheet Metal, Air, Rail Transportation Workers-Transportation Division, et al. filed.
2022-02-07
Brief amicus curiae of United States filed.
2022-01-31
The record from the U.S.C.A. 7th Circuit is electronic and located on Pacer.
2022-01-31
Joint appendix filed. (Statement of costs filed)
2022-01-31
Brief of petitioner Bradley LeDure filed.
2022-01-28
ARGUMENT SET FOR Monday, March 28, 2022.
2022-01-26
Record requested from the U.S.C.A. 7th Circuit.
2021-12-15
Petition GRANTED limited to Question 1 presented by the petition. Justice Barrett took no part in the consideration or decision of this petition.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-09
Brief amicus curiae of United States filed.
2021-05-17
The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Barrett took no part in the consideration of this petition.
2021-04-27
DISTRIBUTED for Conference of 5/13/2021.
2021-04-23
Reply of petitioner Bradley LeDure filed. (Distributed)
2021-04-09
Brief of respondent Union Pacific Railroad Company in opposition filed.
2021-03-03
Motion to extend the time to file a response is granted and the time is extended to and including April 9, 2021.
2021-03-02
Motion to extend the time to file a response from March 10, 2021 to April 9, 2021, submitted to The Clerk.
2021-02-08
Response Requested. (Due March 10, 2021)
2021-02-01
Waiver of right of respondent Union Pacific Railroad Company to respond filed.
2021-01-27
DISTRIBUTED for Conference of 2/19/2021.
2021-01-10
Certificate of compliance filed with respect to brief amici curiae brief of Sheet Metal, Air, Rail Transportation Workers, et al. .
2021-01-10
Certificate of service filed with respect to amici curiae brief of Sheet Metal, Air, Rail Transportation Workers, et al.
2020-12-28
Brief amici curiae of Sheet Metal, Air, Rail Transportation Workers, et al. filed.
2020-12-10
Petition for a writ of certiorari filed. (Response due January 14, 2021)
Attorneys
Association of American Railroads
Daniel Saphire — Association of Amer. Railroads, Amicus
Bradley LeDure
Nelson G. Wolff — Schlichter Bogard & Denton LLP, Petitioner
Chamber of Commerce of the United States of America
Carter G. Phillips — Sidley Austin LLP, Amicus
Sheet Metal, Air, Rail Transportation Workers, the Brotherhood of Lo
Lawrence Moses Mann — Alper & Mann, PC, Amicus
Union Pacific Railroad Company
J. Scott Ballenger — Respondent
Jonathan Benjmain Amarilio — Taft Stettinius & Hollister LLP, Respondent
United States
Elizabeth B. Prelogar — Solicitor General, Amicus