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Home Depot U.S.A. Inc. v. Jackson

Docket No. Op. Below Argument Opinion Vote Author Term
17-1471 4th Cir. _ Jan 15, 2019
Tr.Aud.
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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 23 2018Petition for a writ of certiorari filed. (Response due May 25, 2018)
May 14 2018Motion to extend the time to file a response from May 25, 2018 to June 25, 2018, submitted to The Clerk.
May 18 2018Motion to extend the time to file a response is granted and the time is extended to and including June 25, 2018.
May 22 2018Brief amicus curiae of DRI-The Voice of the Defense Bar filed.
May 25 2018Brief amici curiae of Retail Litigation Center, Inc. and Chamber of Commerce of the United States of America filed.
May 25 2018Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
Jun 25 2018Brief of respondent George W. Jackson in opposition filed.
Jul 10 2018Reply of petitioner Home Depot U.S.A., Inc. filed.
Jul 11 2018DISTRIBUTED for Conference of 9/24/2018.
Sep 27 2018Petition 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 2018Brief of petitioner Home Depot U.S.A., Inc. filed.
Nov 09 2018Joint appendix filed. (Statement of costs filed)
Nov 15 2018Brief amicus curiae of DRI-The Voice of the Defense Bar filed.
Nov 16 2018Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
Nov 16 2018Amicus 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 2018Brief amici curiae of Washington Legal Foundation, et al. filed.
Nov 28 2018SET FOR ARGUMENT ON Tuesday, January 15, 2019
Nov 30 2018CIRCULATED
Dec 10 2018Brief of respondent George W. Jackson filed. (Distributed)
Dec 11 2018Record requested from the U.S.C.A. 4th Circuit.
Dec 11 2018Record from the U.S.C.A. 4th Circuit is electronic and located on PACER.
Dec 13 2018Record from the U.S.D.C. Western District of North Carolina is electronic and located on PACER. The record is complete.
Dec 17 2018Brief amicus curiae of American Association for Justice filed. (Distributed)
Dec 17 2018Brief amicus curiae of The National Consumer Law Center filed. (Distributed)
Jan 08 2019Reply of petitioner Home Depot U.S.A., Inc. filed. (Distributed)
Jan 15 2019Argued. For petitioner: William P. Barnette, Atlanta, Ga. For respondent: F. Paul Bland, Washington, D. C.
May 28 2019Adjudged 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.
 
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