Genesis HealthCare Corp. v. Symczyk

Editor's Note :

Genesis HealthCare Corp. v. Symczyk

Opinion analysis: Fabricated-evidence claims accrue only on favorable termination of prosecution – Howard M. Wasserman

Justices add Puerto Rico appointments clause case to next term’s docket (Corrected) – Amy Howe

Opinion analysis: Justices allow "peace cross" to stand (Updated) – Amy Howe

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-1059	3d Cir.	Dec 3, 2012 Tr.Aud.	Apr 16, 2013	5-4	Thomas	OT 2012

Holding: Because respondent had no personal interest in representing putative, unnamed claimants, nor any other continuing interest that would preserve her suit from mootness, her suit was appropriately dismissed for lack of subject-matter jurisdiction.

Judgment: Reversed, 5-4, in an opinion by Justice Thomas on April 16, 2013. Justice Kagan filed a dissenting opinion, in which Justice Ginsburg, Justice Breyer, and Justice Sotomayor joined.

Opinion recap: A "pick off" strategy works (Lyle Denniston)
Argument recap: Will sympathy or technicality prevail? (Lyle Denniston)
Argument preview: Scuttling a workers' pay case (Lyle Denniston)
Petition of the day (Matthew Bush)

Date	Proceedings and Orders (key to color coding)
Dec 9 2011	Application (11A570) to extend the time to file a petition for a writ of certiorari from January 18, 2012 to February 17, 2012, submitted to Justice Alito.
Dec 13 2011	Application (11A570) granted by Justice Alito extending the time to file until February 17, 2012.
Feb 17 2012	Petition for a writ of certiorari filed. (Response due March 28, 2012)
Mar 12 2012	Waiver of right of respondent Laura Symczyk to respond filed.
Mar 21 2012	DISTRIBUTED for Conference of April 13, 2012.
Mar 21 2012	Motion for leave to file amicus brief filed by DRI - The Voice of the Defense Bar. (Distributed)
Mar 21 2012	Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. (Distributed)
Mar 28 2012	Response Requested . (Due April 27, 2012)
Apr 24 2012	Order extending time to file response to petition to and including May 25, 2012.
May 25 2012	Brief of respondent Laura Symczyk in opposition filed.
Jun 5 2012	DISTRIBUTED for Conference of June 21, 2012.
Jun 5 2012	Reply of petitioner Genesis HealthCare Corporation, et al. filed. (Distributed)
Jun 25 2012	Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. GRANTED.
Jun 25 2012	Motion for leave to file amicus brief filed by DRI - The Voice of the Defense Bar GRANTED.
Jun 25 2012	Petition GRANTED.
Jul 17 2012	The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 30, 2012.
Jul 17 2012	The time to file respondent's brief on the merits is extended to and including October 19, 2012.
Jul 24 2012	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Aug 30 2012	Brief of petitioners Genesis HealthCare Corporation, et al. filed.
Aug 30 2012	Joint appendix filed. (Statement of Costs)
Sep 4 2012	Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the respondent.
Sep 6 2012	Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Sep 6 2012	Brief amicus curiae of ACA International filed.
Sep 6 2012	Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Sep 6 2012	Brief amicus curiae of Equal Employment Advisory Council filed.
Sep 14 2012	SET FOR ARGUMENT ON Monday, December 3, 2012.
Sep 14 2012	CIRCULATED
Oct 1 2012	Record from U.S.D.C. for Eastern District of Pennsylvania is electronic.
Oct 1 2012	Record from U.S.C.A. for 3rd Circuit is electronic.
Oct 17 2012	Brief amicus curiae of the United States supporting affirmance filed. (Distributed)
Oct 19 2012	Brief of respondent Laura Symczyk filed. (Distributed)
Oct 26 2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 26 2012	Brief amici curiae of Scholars Stephen B. Burbank, et al. filed. (Distributed)
Oct 26 2012	Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
Oct 26 2012	Brief amici curiae of The Impact Fund, et al. filed. (Distributed)
Oct 26 2012	Brief amici curiae of Service Employees International Union, et al. filed. (Distributed)
Oct 26 2012	Brief amici curiae of National Employment Lawyers Association, et al. filed. (Distributed)
Nov 13 2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 16 2012	Reply of petitioners Genesis HealthCare Corporation, et al. filed. (Distributed)
Dec 3 2012	Argued. For petitioners: Ronald Mann, New York, N. Y. For respondent: Neal Kumar Katyal, Washington, D. C.: and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Apr 16 2013	Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Alito, JJ., joined. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined.
May 20 2013	JUDGMENT ISSUED.

Featured Posts

Opinion analysis: Fabricated-evidence claims accrue only on favorable termination of prosecution – Howard M. Wasserman

Justices add Puerto Rico appointments clause case to next term’s docket (Corrected) – Amy Howe

Opinion analysis: Justices allow "peace cross" to stand (Updated) – Amy Howe
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The Supreme Court released orders from the June 13 conference on Monday; the justices granted, vacated and remanded Klein v. Oregon Bureau of Labor and Industries.
Also on Monday, the justices released their opinions in four argued cases: Manhattan Community Access Corp. v. Halleck, Virginia Uranium Inc. v. Warren, Gamble v. United States and Virginia House of Delegates v. Bethune-Hill.
On Thursday, the justices released their opinions in four argued cases: Gundy v. United States, McDonough v. Smith, The American Legion v. American Humanist Association and PDR Network, LLC v. Carlton & Harris Chiropractic Inc.
Also on Thursday, the justices met for their June 20 conference; that afternoon, the justices granted Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC, with four consolidated cases.
On Friday, the Supreme Court will release opinions in one or more argued cases at 10 a.m.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Gundy v. United States TThe judgment of the U.S. Court of Appeals for the 2nd Circuit that 34 U. S. C. §20913(d) – which requires the U.S. attorney general to apply the Sex Offender Registration and Notification Act’s registration requirements as soon as feasible to offenders convicted before the statute’s enactment – is not an unconstitutional delegation of legislative authority is affirmed.
- McDonough v. Smith The statute of limitations for Edward McDonough’s 42 U. S. C. §1983 fabricated-evidence claim against his prosecutor began to run when the criminal proceedings against him terminated in his favor – that is, when he was acquitted at the end of his second trial.
- PDR Network, LLC v. Carlton & Harris Chiropractic Inc. The extent to which a 2006 Federal Communications Commission order interpreting the term “unsolicited advertisement” binds lower courts may depend on the resolution of two preliminary questions that the U.S. Court of Appeals for the 4th Circuit should address in the first instance: (1) whether the order is the equivalent of a legislative rule, which has the force and effect of law, or an interpretative rule, which does not; and (2) whether PDR Network, LLC had a “prior” and “adequate” opportunity to seek judicial review of the order.
- The American Legion v. American Humanist Association The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
- Manhattan Community Access Corp. v. Halleck Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate the public access channels on the Manhattan cable system owned by Time Warner (now Charter), is not a state actor subject to the First Amendment.
- Virginia House of Delegates v. Bethune-Hill The House of Delegates lacks standing to appeal the invalidation of Virginia’s redistricting plan.
- Virginia Uranium, Inc. v. Warren The U.S. Court of Appeals for the 4th Circuit’s judgment that the Atomic Energy Act does not preempt Virginia’s prohibition on uranium mining in the commonwealth is affirmed.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Banister v. Davis (1) Whether Gonzalez v. Crosby extends to post-judgment motions filed under Federal Rule of Civil Procedure 59(e); (2) whether, if Gonzalez does apply, a timely filed Rule 59(e) motion should toll the time to file a notice of appeal under Federal Rule of Appellate Procedure 4(a)(4)(A)(iv); and (3) whether a pro se petitioner must be warned and given an opportunity to withdraw a post-judgment motion which has be recharacterized as a successive habeas petition if that recharacterization will effect his ability to file a timely notice of appeal.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
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