Midland Funding, LLC v. Johnson

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-348	11th Cir.	Jan 17, 2017	May 15, 2017	5-3	Breyer	OT 2016

Holding: The filing of a proof of claim that is obviously time barred is not a false, deceptive, misleading, unfair or unconscionable debt-collection practice within the meaning of the Fair Debt Collection Practices Act.

Judgment: Reversed, 5-3, in an opinion by Justice Breyer on May 15, 2017. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg and Kagan joined. Justice Gorsuch took no part in the consideration or decision of the case.

SCOTUSblog Coverage

Opinion analysis: Justices approve filing stale claims in consumer bankruptcies (Ronald Mann, May 16, 2017)
Argument analysis: Justices appear divided over treatment of stale claims in consumer bankruptcies (Ronald Mann, January 18, 2017)
Argument preview: Justices to consider stale claims in consumer bankruptcies (Ronald Mann, January 10, 2017)
Court adds three hours of oral argument to its merits docket (Amy Howe, October 11, 2016)

Date	Proceedings and Orders (key to color coding)
09/16/2016	Petition for a writ of certiorari filed. (Response due October 17, 2016)
09/19/2016	Brief of respondent Aleida Johnson filed.
09/20/2016	Letter of September 20, 2016, from counsel for petitioner received waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5.
09/21/2016	DISTRIBUTED for Conference of October 7, 2016.
09/21/2016	Reply of petitioner Midland Funding, LLC filed. (Distributed)
10/11/2016	Petition GRANTED.
11/01/2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
11/04/2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
11/14/2016	Brief of petitioner Midland Funding, LLC filed.
11/14/2016	Joint appendix filed. (Statement of costs filed.)
11/18/2016	Brief amicus curiae of DBA International, Inc. filed.
11/21/2016	Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
11/21/2016	Brief amicus curiae of Resurgent Capital Services, L.P. filed.
11/21/2016	Brief amicus curiae of ACA International filed.
11/21/2016	Brief amici curiae of NARCA - National Creditors Bar Association, et al. filed.
12/05/2016	SET FOR ARGUMENT on Tuesday, January 17, 2017.
12/07/2016	Record requested from U.S.C.A. 11th Circuit.
12/09/2016	Record received from the U.S.C.A. 11th Circuit. The record is electronic and available on PACER.
12/12/2016	CIRCULATED.
12/14/2016	Brief of respondent Aleida Johnson (Reprinted) filed. (Distributed)
12/21/2016	Brief amicus curiae of United States filed. (Distributed)
12/21/2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
12/21/2016	Brief amicus curiae of National Association of Chapter Thirteen Trustees filed. (Distributed)
12/21/2016	Brief amicus curiae of G. Eric Brunstad, Jr. filed. (Distributed)
12/21/2016	Brief amici curiae of National Association of Consumer Bankruptcy Attorneys, et al. filed. (Distributed)
12/21/2016	Brief amici curiae of Public Citizen, Inc., et al. filed. (Distributed)
01/06/2017	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
01/06/2017	Reply of petitioner Midland Funding, LLC filed. (Distributed)
01/17/2017	Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Daniel L. Geyser, Dallas, Tex.; and Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
05/15/2017	Judgment REVERSED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg and Kagan, JJ., joined. Gorsuch, J., took no part in the consideration or decision of the case.
06/19/2017	JUDGMENT ISSUED.