|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-929||5th Cir.||Oct 9, 2013||Dec 3, 2013||9-0||Alito||OT 2013|
Holding: A forum-selection clause may be enforced by a motion to transfer under 28 U.S.C. § 1404(a), which provides that, “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.”
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Alito on December 3, 2013.
|Date||Proceedings and Orders |
|Jan 25 2013||Petition for a writ of certiorari filed. (Response due February 25, 2013)|
|Feb 25 2013||Brief of respondent J-Crew Management, Inc. in opposition filed.|
|Feb 25 2013||Brief amicus curiae of Chamber of Commerce of the United States of America filed.|
|Feb 25 2013||Brief amicus curiae of Texas Civil Justice League filed.|
|Mar 7 2013||Reply of petitioner Atlantic Marine Construction Company, Inc. filed.|
|Mar 13 2013||DISTRIBUTED for Conference of March 29, 2013.|
|Apr 1 2013||Petition GRANTED.|
|Apr 22 2013||The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 17, 2013.|
|Apr 22 2013||The time to file respondents' brief on the merits is extended to and including August 16, 2013.|
|May 16 2013||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.|
|May 21 2013||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the resondent.|
|Jun 17 2013||Brief of petitioner Atlantic Marine Construction Company, Inc. filed.|
|Jun 17 2013||Joint appendix filed. ( Statement of costs received.)|
|Jun 24 2013||Brief amicus curiae of Chamber of Commerce of the United States of America filed.|
|Jun 24 2013||Brief amici curiae of New England Legal Foundation, et al. filed.|
|Jun 24 2013||Brief amicus curiae of Professor Stephen E. Sachs in support of neither party filed.|
|Jul 22 2013||CIRCULATED.|
|Jul 23 2013||SET FOR ARGUMENT on Wednesday, October 9, 2013.|
|Aug 2 2013||Record from U.S.C.A. fo 5th Circuit is electronic and located on PACER.|
|Aug 2 2013||Record from U.S.D.C. for Western District of Texas is electronic and located on PACER.|
|Aug 16 2013||Brief of respondent J-Crew Management, Inc. filed. (Distributed)|
|Aug 23 2013||Motion of Professor Stephen E. Sachs in support of neither party for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Aug 23 2013||Brief amicus curiae of American Subcontractors Association filed. (Distributed)|
|Aug 26 2013||Petitioner's response in opposition to motion of Professor Stephen E. Sachs.|
|Aug 30 2013||Respondents' opposition in response to motion of Professor Stephen E. Sach.|
|Sep 11 2013||Respondents' amended opposition to motion of Professor Stephen E. Sachs|
|Sep 16 2013||Reply of petitioner Atlantic Marine Construction Company, Inc. filed. (Distributed)|
|Oct 1 2013||Motion of Professor Stephen E. Sachs for leave to participate in oral argument as amicus curiae and for divided argument DENIED. The parties, however, should be prepared to address at oral argument the arguments raised in the brief of Professor Stephen E. Sachs as amicus curiae in support of neither party.|
|Oct 9 2013||Argued. For petitioner: William S. Hastings, Dallas, Tex. For respondents: William R. Allensworth, Austin, Tex.|
|Dec 3 2013||Judgment REVERSED and case REMANDED Alito, J., delivered the opinion for a unanimous Court.|
|Jan 6 2014||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).