|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|14-1382||10th Cir.||Jan 19, 2016||Mar 7, 2016||8-0||Sotomayor||OT 2015|
Holding: For purposes of diversity jurisdiction, citizenship of an unincorporated entity depends on the citizenship of all of its members. Because, under Maryland law, a real estate investment trust is held and managed for the benefit of its shareholders, Americold’s members include its shareholders.
Judgment: Affirmed, 8-0, in an opinion by Justice Sotomayor on March 7, 2016.
|Date||Proceedings and Orders |
|May 15 2015||Petition for a writ of certiorari filed. (Response due June 22, 2015)|
|Jun 22 2015||Waiver of right of respondent ConAgra Foods, Inc., et al. to respond filed.|
|Jul 8 2015||DISTRIBUTED for Conference of September 28, 2015.|
|Jul 23 2015||Response Requested . (Due August 24, 2015)|
|Aug 12 2015||Brief of respondents ConAgra Foods, Inc., and Swift-Eckrich, Inc. in opposition filed.|
|Aug 26 2015||DISTRIBUTED for Conference of September 28, 2015.|
|Oct 1 2015||Petition GRANTED.|
|Oct 16 2015||Letter from counsel for the respondents advising Clerk of position on the merits.|
|Nov 13 2015||The time to file the joint appendix and petitioners' brief on the merits is extended to and including November 23, 2015.|
|Nov 23 2015||Joint appendix filed. (Statement of costs filed)|
|Nov 23 2015||Brief of petitioners Americold Logistics, LLC, et al. filed.|
|Nov 23 2015||Joint motion to dismiss Americold Logistics, LLC as a dispensable party filed.|
|Nov 24 2015||SET FOR ARGUMENT on Tuesday, January 19,2016|
|Nov 30 2015||Motion DISTRIBUTED for Conference of December 4, 2015.|
|Nov 30 2015||Brief amicus curiae of Winston Wen-Young Wong filed.|
|Nov 30 2015||Brief amicus curiae of National Association of Real Estate Investment Trusts filed.|
|Dec 4 2015||Motion to dismiss Americold Logistics, LLC as a dispensable party GRANTED.|
|Dec 4 2015||Record requested from U.S.C.A. 10th Circuit.|
|Dec 8 2015||Record received from the U.S.C.A. 10th Circuit is located on PACER, with the exception of the pleadings enclosed in one box.|
|Dec 15 2015||CIRCULATED.|
|Dec 23 2015||Brief of respondents ConAgra Foods, Inc., and Swift-Eckrich, Inc. filed. (Distributed)|
|Jan 12 2016||Reply of petitioner Americold Realty Trust filed. (Distributed)|
|Jan 19 2016||Argued. For petitioner: Michael D. Pospisil, Kansas City, Mo. For respondents: John M. Duggan, Overland Park, Kan.|
|Mar 7 2016||Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion for a unanimous Court.|
|Apr 8 2016||JUDGMENT ISSUED|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).