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Decided

Pacific Operators Offshore, LLP v. Valladolid

Docket No.10-507
Op. Below9th Circuit
ArgumentOct 11, 2011

Holding

The Outer Continental Shelf Lands Act extends coverage for injury occurring as the result of operations conducted on the outer continental shelf to an employee who can establish a substantial nexus between his injury and his employer"s extractive operations on the shelf.

Judgment

Affirmed and remanded for further consideration by the Benefits Review Board, 9-0, in an opinion by Clarence Thomas on Jan 11, 2012. Justice Scalia filed an opinion concurring in part and concurring in the judgment, joined by Justice Alito.

Merit Briefs for the Petitioners

Merits Briefs for the Respondents

[##CERT-STAGE##]

Proceedings & orders timeline

Oct 13, 2010
Petition for a writ of certiorari filed. (Response due November 15, 2010)
Nov 9, 2010
Order extending time to file response to petition to and including December 15, 2010, for all respondents.
Dec 6, 2010
Order further extending time to file response to petition to and including January 14, 2011, for all respondents.
Jan 14, 2011
Brief of Federal Respondent in opposition filed.
Jan 14, 2011
Brief of respondent Luisa L. Valladolid in opposition filed.
Jan 21, 2011
Reply of petitioners Pacific Operators Offshore, LLP, et al. filed.
Jan 26, 2011
DISTRIBUTED for Conference of February 18, 2011.
Feb 22, 2011
Petition GRANTED.
Mar 17, 2011
The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 23, 2011.
Mar 17, 2011
The time to file respondent's brief on the merits is extended to and including August 8, 2011.
May 23, 2011
Joint appendix filed. (Statement of costs filed)
May 23, 2011
Brief of petitioners Pacific Operators Offshore, LLP, et al. filed.
Jul 15, 2011
CIRCULATED.
Jul 19, 2011
SET FOR ARGUMENT ON Tuesday, October 11, 2011.
Jul 27, 2011
The time to file respondents' briefs on the merits is further extended to and including August 31, 2011.
Aug 11, 2011
Record received from U.S.C.A. for 9th Circuit. (1 envelope)
Aug 30, 2011
Record received from U.S. Departrment of Labor Benefits Review Board
Aug 31, 2011
Brief of respondent Luisa L. Valladolid filed. (Distributed)
Aug 31, 2011
Brief of respondent Director, Office of Workers' Compensation Programs filed. (Distributed)
Sep 7, 2011
Motion for divided argument filed by the Solicitor General.
Sep 27, 2011
Motion for divided argument filed by the Solicitor General GRANTED.
Sep 30, 2011
Reply of petitioners Pacific Operators Offshore, LLP, et al. filed. (Distributed)
Oct 11, 2011
Argued. For petitioners: Paul D. Clement, Washington, D. C. For federal respondent: Joseph R. Palmore, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For private respondent: David C. Frederick, Washington, D. C.
Jan 11, 2012
Judgment is affirmed and case remanded. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed an opinion councurring in part and concurring the judgment, in which Alito, J., joined.
Feb 13, 2012
JUDGMENT ISSUED.
Mar 2, 2012
Record returned to U.S. Department of Labor Benefits Review Board.

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