Two new grants, one CVSG today

This morning the justices issued orders from their private conference last week. They added two new cases to their merits docket for the next term, which will begin in early October, and asked the U.S. solicitor general to weigh in on a third case. But they once again did not act on some high-profile cases, suggesting that those cases will be relisted for further consideration at their conference later this week. The first grant came in BNSF Railway Co. v. Loos, in which the justices will decide whether a railroad’s payment to an employee for time lost from work can be taxed under the Railroad Retirement Tax Act, the federal law that – along with the Railroad Retirement Act – establishes a separate retirement and disability benefit system for railroad employees. The case began when Michael Loos, a longtime BNSF employee, sued the railroad to recover for (among other things) injuries he had sustained on the job. A jury issued a verdict in his favor that…

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