Editor's Note :

Editor's Note :

We are hosting an online symposium on Epic Systems v. Lewis, in which the court held 5-4 that arbitration clauses in employment contracts that require employees to forego class and collective actions are enforceable. Contributions are available at this link.

Cluck v. Union Pacific Railroad Company

Petition for certiorari denied on January 14, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-410 Mo. N/A N/A N/A N/A OT 2012

Issue: Whether, to establish liability under the Federal Employer’s Liability Act (“FELA,” 45 U.S.C. § 51, et seq.) a plaintiff must prove that a co-employee’s specific negligent act was intended to further the employer’s business.

DateProceedings and Orders
Oct 1 2012Petition for a writ of certiorari filed. (Response due November 2, 2012)
Oct 18 2012Order extending time to file response to petition to and including December 3, 2012.
Dec 3 2012Brief of respondent Union Pacific Railroad Company in opposition filed.
Dec 18 2012Reply of petitioner Eddie Cluck filed.
Dec 19 2012DISTRIBUTED for Conference of January 11, 2013.
Jan 14 2013Petition DENIED.
Term Snapshot