| No. 16-405 | |
| Title: | BNSF Railway Co., Petitioner v. Kelli Tyrrell, Special Administrator for the Estate of Brent T. Tyrrell, Deceased, et al. |
| Docketed: | September 28, 2016 |
| Linked with 16A67 | |
| Lower Ct: | Supreme Court of Montana |
| Case Numbers: | (DA 14-0825) |
| Decision Date: | May 31, 2016 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jul 18 2016 | Application (16A67) to extend the time to file a petition for a writ of certiorari from August 29, 2016 to September 28, 2016, submitted to Justice Kennedy. |
| Jul 20 2016 | Application (16A67) granted by Justice Kennedy extending the time to file until September 28, 2016. |
| Sep 28 2016 | Petition for a writ of certiorari filed. (Response due October 28, 2016) |
| Oct 20 2016 | Order extending time to file response to petition to and including November 28, 2016. |
| Oct 28 2016 | Motion for leave to file amicus brief filed by The Association of American Railroads. |
| Oct 28 2016 | Motion for leave to file amicus brief filed by Washington Legal Foundation. |
| Oct 28 2016 | Motion for leave to file amicus brief filed by National Association of Manufacturers. |
| Oct 28 2016 | Motion for leave to file amici brief filed by The Chamber of Commerce of the United States of America, et al. |
| Nov 28 2016 | Brief of respondents Kelli Tyrrell, Special Administrator for the Estate of Brent T. Tyrrell, Deceased, et al. in opposition filed. |
| Dec 13 2016 | Reply of petitioner BNSF Railway Co. filed. |
| Dec 14 2016 | DISTRIBUTED for Conference of January 6, 2017. |
| Jan 09 2017 | DISTRIBUTED for Conference of January 13, 2017. |
| Jan 13 2017 | Motion for leave to file amicus brief filed by National Association of Manufacturers GRANTED. |
| Jan 13 2017 | Motion for leave to file amici brief filed by The Chamber of Commerce of the United States of America, et al. GRANTED. |
| Jan 13 2017 | Motion for leave to file amicus brief filed by The Association of American Railroads GRANTED. |
| Jan 13 2017 | Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED. |
| Jan 13 2017 | Petition GRANTED. |
| Jan 17 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Petitioner. |
| Feb 17 2017 | SET FOR ARGUMENT ON Tuesday, April 25, 2017 |
| Feb 21 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Respondents. |
| Feb 24 2017 | Record requested from the Supreme Court of Montana. |
| Feb 27 2017 | Joint appendix filed. (Statement of costs filed.) |
| Feb 27 2017 | Brief of petitioner BNSF Railway Company filed. |
| Mar 02 2017 | Record received from the Supreme Court of Montana. The record is electronic. |
| Mar 06 2017 | Brief amici curiae of Washington Legal Foundation, and Allied Educational Foundation filed. |
| Mar 06 2017 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. |
| Mar 06 2017 | Brief amicus curiae of United States filed. |
| Mar 06 2017 | Brief amicus curiae of National Association of Manufacturers filed. |
| Mar 06 2017 | Brief amicus curiae of Association of American Railroads filed. |
| Mar 06 2017 | Brief amicus curiae of Professor Stephen E. Sachs filed. |
| Mar 07 2017 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Mar 22 2017 | CIRCULATED. |
| Mar 24 2017 | Record received from the Montana 13th Judicial District Court for Yellowstone County (1 envelope). |
| Mar 29 2017 | Brief of respondents Kelli Tyrrell, Special Administrator for the Estate of Brent T. Tyrrell, Deceased, et al. filed. (Distributed) |
| Apr 03 2017 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Apr 04 2017 | Brief amicus curiae of Academy of Rail Labor Attorneys filed. (Distributed) |
| Apr 05 2017 | Brief amicus curiae of Brotherhood of Maintenance of Way Employes Division/IBT filed. (Distributed) |
| Apr 05 2017 | Brief amicus curiae of The American Association for Justice filed. (Distributed) |
| Apr 17 2017 | Reply of petitioner BNSF Railway Company filed. (Distributed) |
| Apr 25 2017 | Argued. For petitioner: Andrew S. Tulumello, Washington, D. C.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Julie A. Murray, Washington, D. C. |
| May 30 2017 | Judgment REVERSED and cases REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Breyer, Alito, Kagan, and Gorsuch, JJ., joined. Sotomayor, J., filed an opinion concurring in part and dissenting in part. |
| Jul 03 2017 | MANDATE ISSUED. |
| Jul 03 2017 | JUDGMENT ISSUED. |
| Aug 29 2018 | The record from the Supreme Court of Montana has been returned. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Andrew S. Tulumello Counsel of Record | Gibson Dunn & Crutcher LLP 1050 Connecticut Ave., NW Washington, DC 20036 atulumello@gibsondunn.com | (202) 955-8500 |
| Party name: BNSF Railway Company | ||
| Attorneys for Respondents | ||
| Julie A. Murray Counsel of Record | Public Citizen Litigation Group 1600 20th Street NW Washington, DC 20009 jmurray@citizen.org | (202) 588-7733 |
| Party name: Kelli Tyrrell, Special Administrator for the Estate of Brent T. Tyrrell, Deceased, et al. | ||
| Robert S. Fain Jr. | 2060 Overland Avenue Billings, MT 59102 | (406) 254-2967 |
| Party name: Kelli Tyrrell, Special Administrator for the Estate of Brent T. Tyrrell, Deceased, et al. | ||
| Other | ||
| Cory L. Andrews | Washington Legal Foundation 2009 Massachusetts Avenue, N.W. Washington, DC 20036 candrews@wlf.org | (202)-588-0302 |
| Party name: Washington Legal Foundation, and Allied Educational Foundation | ||
| Paul D. Clement | Kirkland & Ellis LLP 655 Fifteenth Street, N.W. Washington, DC 20005 paul.clement@kirkland.com | (202) 879-5000 |
| Party name: The Chamber of Commerce of the United States of America, et al. | ||
| Richard Steven Edelman | Mooney Green Saindon Murphy & Welch 1920 L Street, NW, Suite 400 Washington, DC 20036 redelman@mooneygreen.com | (202) 783-0010 |
| Party name: Brotherhood of Maintenance of Way Employes Division /IBT | ||
| Philip S. Goldberg | Shook Hardy & Bacon LLP 1155 F Street NW, Suite 200 Washington, DC 20004 pgoldberg@shb.com | (202) 783-8400 |
| Party name: National Association of Manufacturers | ||
| Lawrence M. Mann | Alper & Mann, P.C. 9205 Redwood Avenue Bethesda, ME 20817 mann.larrym@gmail.com | (202) 298-9191 |
| Party name: Academy of Rail Labor Attorneys | ||
| Stephen E. Sachs | 210 Science Drive Box 90360 Durham, NC 27708-0360 sachs@law.duke.edu | (919)-613-8542 |
| Party name: Professor Stephen E. Sachs | ||
| Nicole A. Saharsky | Assistant to the Solicitor General 950 Pennsylvania Ave., NW Department of Justice Washington, DC 20530 | (202)-514-2201 |
| Party name: United States | ||
| Daniel Saphire | Association of American Railroads 425 3rd Street, S.W. Washington, DC 20024 dsaphire@aar.org | (202) 639-2505 |
| Party name: Association of American Railroads | ||
| Jeffrey Bryan Wall | Acting Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 jeffrey.b.wall@usdoj.gov | 202-514-2217 |
| Party name: United States | ||
| Jeffrey R. White | American Association for Justice 777 6th Street, N.W., Suite 200 Washington, DC 20001 jeffrey.white@justice.org | (202) 944-2839 |
| Party name: The American Association for Justice | ||