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CTS Corp. v. Waldburger

Docket No. Op. Below Argument Opinion Vote Author Term
13-339 4th Cir. Apr 23, 2014
Tr.Aud.
Jun 9, 2014 7-2 Kennedy OT 2013

Holding: North Carolina’s statute of repose is not preempted by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), which instead only preempts state statutes of limitations on bringing state-law environmental tort cases.

Judgment: Reversed, 7-2, in an opinion by Justice Kennedy on June 9, 2014. Chief Justice Roberts, Justice Scalia, Justice Thomas and Justice Alito joined the opinion except as to Part II-D. Justice Scalia filed an opinion concurring in part and concurring in the judgement, in which Chief Justice Roberts, Justice Thomas, and Justice Alito joined. Justice Ginsburg filed a dissenting opinion, in which Justice Breyer joined.

SCOTUSblog Coverage

DateProceedings and Orders
Jan 22 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Sep 13 2013Petition for a writ of certiorari filed. (Response due October 18, 2013)
Oct 3 2013Order extending time to file response to petition to and including November 18, 2013.
Nov 14 2013Brief of respondents Peter Waldburger, et al. in opposition filed.
Nov 25 2013Reply of petitioner CTS Corporation filed.
Dec 4 2013DISTRIBUTED for Conference of January 10, 2014.
Jan 10 2014Petition GRANTED.
Jan 22 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jan 23 2014Motion to dispense with printing the joint appendix filed by petitioner CTS Corporation.
Feb 11 2014SET FOR ARGUMENT ON Wednesday, April 23, 2014
Feb 14 2014Record received from U.S.D.C. Western District of North Carolina is electronic (Not on PACER).
Feb 18 2014Record received from U.S.C.A. 4th Circuit. (1 - Envelope)
Feb 24 2014Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 24 2014Brief of petitioner CTS Corporation filed.
Feb 28 2014Brief amicus curiae of DRI - Voice of the Defense Bar filed.
Mar 3 2014Brief amicus curiae of the United States filed.
Mar 3 2014Brief amici curiae of American Chemistry Council, et al. filed.
Mar 10 2014CIRCULATED.
Mar 26 2014Brief of respondents Peter Waldburger, et al. filed. (Distributed)
Mar 31 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Apr 1 2014Brief amicus curiae of Natural Resources Defense Council filed. (Distributed)
Apr 2 2014Brief amici curiae of Jerry Ensminger, et al. filed. (Distributed)
Apr 2 2014Brief amici curiae of Environmental Law Professors filed. (Distributed)
Apr 11 2014Reply of petitioner CTS Corporation filed. (Distributed)
Apr 18 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 23 2014Argued. For petitioner: Brian J. Murray, Chicago, Ill.; and Joseph R. Palmore, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: John J. Korzen, Winston-Salem, N. C.
Jun 9 2014Judgment REVERSED. Kennedy, J., delivered the opinion of the Court, except as to Part II-D. Sotomayor and Kagan, JJ., joined that opinion in full, and Roberts, C. J., and Scalia, Thomas, and Alito, JJ., joined as to all but Part II-D. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which Roberts, C. J., and Thomas and Alito, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, J., joined.
Jul 2 2014Petition for Rehearing filed.
Jul 17 2014DISTRIBUTED.
Aug 11 2014Rehearing DENIED.
Aug 11 2014JUDGMENT ISSUED.
Aug 11 2014Record returned for U.S.C.A. 4th Circuit.
 
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