|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-1471||4th Cir. _||Jan 15, 2019||May 28, 2019||5-4||Thomas||OT 2018|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel to the petitioner in this case.
Holding: Neither the general removal provision, 28 U.S.C. §1441(a), nor the removal provision in the Class Action Fairness Act of 2005, §1453(b), permit a third-party counterclaim defendant to remove a class-action claim from state to federal court.
Judgment: Affirmed, 5-4, in an opinion by Justice Thomas on May 28, 2019. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justices Gorsuch and Kavanaugh joined.
|Date||Proceedings and Orders |
|Apr 23 2018||Petition for a writ of certiorari filed. (Response due May 25, 2018)|
|May 14 2018||Motion to extend the time to file a response from May 25, 2018 to June 25, 2018, submitted to The Clerk.|
|May 18 2018||Motion to extend the time to file a response is granted and the time is extended to and including June 25, 2018.|
|May 22 2018||Brief amicus curiae of DRI-The Voice of the Defense Bar filed.|
|May 25 2018||Brief amici curiae of Retail Litigation Center, Inc. and Chamber of Commerce of the United States of America filed.|
|May 25 2018||Brief amicus curiae of Product Liability Advisory Council, Inc. filed.|
|Jun 25 2018||Brief of respondent George W. Jackson in opposition filed.|
|Jul 10 2018||Reply of petitioner Home Depot U.S.A., Inc. filed.|
|Jul 11 2018||DISTRIBUTED for Conference of 9/24/2018.|
|Sep 27 2018||Petition GRANTED. In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Should this Court's holding in Shamrock Oil & Gas Corp. v. Sheets, 313 U. S. 100 (1941)—that an original plaintiff may not remove a counterclaim against it—extend to third-party counterclaim defendants?|
|Nov 09 2018||Brief of petitioner Home Depot U.S.A., Inc. filed.|
|Nov 09 2018||Joint appendix filed. (Statement of costs filed)|
|Nov 15 2018||Brief amicus curiae of DRI-The Voice of the Defense Bar filed.|
|Nov 16 2018||Brief amici curiae of Retail Litigation Center, Inc., et al. filed.|
|Nov 16 2018||Amicus brief of Retail Litigation Center, Inc. and Chamber of Commerce of the United States of America not accepted for filing. (November 16, 2018) (Duplicate submission)|
|Nov 16 2018||Brief amici curiae of Washington Legal Foundation, et al. filed.|
|Nov 28 2018||SET FOR ARGUMENT ON Tuesday, January 15, 2019|
|Nov 30 2018||CIRCULATED|
|Dec 10 2018||Brief of respondent George W. Jackson filed. (Distributed)|
|Dec 11 2018||Record requested from the U.S.C.A. 4th Circuit.|
|Dec 11 2018||Record from the U.S.C.A. 4th Circuit is electronic and located on PACER.|
|Dec 13 2018||Record from the U.S.D.C. Western District of North Carolina is electronic and located on PACER. The record is complete.|
|Dec 17 2018||Brief amicus curiae of American Association for Justice filed. (Distributed)|
|Dec 17 2018||Brief amicus curiae of The National Consumer Law Center filed. (Distributed)|
|Jan 08 2019||Reply of petitioner Home Depot U.S.A., Inc. filed. (Distributed)|
|Jan 15 2019||Argued. For petitioner: William P. Barnette, Atlanta, Ga. For respondent: F. Paul Bland, Washington, D. C.|
|May 28 2019||Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Gorsuch and Kavanaugh, JJ., joined.|
|Jun 21 2019||Petition for Rehearing filed.|
|Jul 11 2019||DISTRIBUTED.|
|Aug 05 2019||Rehearing DENIED.|
|Aug 05 2019||JUDGMENT ISSUED.|
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