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Decided

Roberts v. Sea-Land Services

Docket No.10-1399
Op. Below9th Cir.
ArgumentJan 11, 2012

Holding

An employee is "newly awarded compensation" for purposes of the Longshore and Harbor Workers" Compensation Act when he first be"comes disabled and thereby becomes statutorily entitled to benefits, no matter whether, or when, a compensation order issues on his be"half.

Judgment

Affirmed, 8-1, in an opinion by Sonia Sotomayor on Mar 20, 2012. Justice Ginsburg filed an opinion concurring in part and dissenting in part.

Merits Briefs for the Petitioner

Amicus Briefs in Support of the Petitioner

Merits Briefs for the Respondents

[##CERT-STAGE##]

Proceedings & orders timeline

May 11, 2011
Petition for a writ of certiorari filed. (Response due June 13, 2011)
Jun 8, 2011
Order extending time to file response to petition to and including July 13, 2011.
Jul 11, 2011
Order further extending time to file response to petition to and including July 20, 2011.
Jul 20, 2011
Brief of respondent Federal Respondent in opposition filed.
Aug 3, 2011
DISTRIBUTED for Conference of September 26, 2011.
Aug 9, 2011
Reply of petitioner Dana Roberts filed. (Distributed)
Sep 27, 2011
Petition GRANTED limited to Question 1 presented by the petition.
Nov 3, 2011
Motion to dispense with printing the joint appendix filed by petitioner Dana Roberts.
Nov 14, 2011
SET FOR ARGUMENT ON Wednesday, January 11, 2012.
Nov 14, 2011
Brief of petitioner Dana Roberts filed.
Nov 18, 2011
Record received from U.S.C.A. for 9th Circuit. (1 envelope)
Nov 18, 2011
CIRCULATED.
Nov 21, 2011
Brief amicus curiae of The American Association for Justice filed. (Distributed)
Nov 22, 2011
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Dec 14, 2011
Brief of respondents Sea-Land Services, Inc., et al. filed. (Distributed)
Dec 14, 2011
Brief of respondent Director, Office of Workers' Compensation Programs filed. (Distributed)
Dec 15, 2011
Record received from U.S. Dept. of Labor Benefits Review Board. (1 Box)
Dec 21, 2011
Motion for divided argument filed by the Solicitor General.
Dec 30, 2011
Motion for divided argument filed by respondent GRANTED.
Jan 4, 2012
Reply of petitioner Dana Roberts filed. (Distributed)
Jan 11, 2012
Argued. For petitioner: Joshua T. Gillelan, II, Washington, D. C. For federal respondent: Joesph R. Palmore, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For private respondent: Peter Keisler, Washington, D. C.
Mar 20, 2012
Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Breyer, Alito, and Kagan, JJ., joined. Ginsburg, J., filed an opinion concurring in part and dissenting in part.
Apr 23, 2012
JUDGMENT ISSUED.
May 2, 2012
Record returned to U.S. Department of Labor Benefits Review Board.

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