|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.|
JUST IN: The Supreme Court will continue to provide a live audio stream of oral arguments in the new term that begins on Monday. https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-28-22
SCOTUS releases new "circuit justice" lineup, with Jackson taking over the Boston-based 1st Circuit (formerly handled by Breyer). Each justice reviews emergency appeals from the regions covered by his or her circuits. (Controversial cases usually get referred to the full court.)
Today at SCOTUS: The justices meet privately for their annual "long conference" to review cert petitions that have rolled in over the summer. They'll also likely discuss the status of the Dobbs leak investigation and whether to continue live audio of oral arguments this term.
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.