Jesinoski v. Countrywide Home Loans, Inc.

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Jesinoski v. Countrywide Home Loans, Inc.

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Conference of June 13, 2019

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-684	8th Cir.	Nov 4, 2014 Tr.Aud.	Jan 13, 2015	9-0	Scalia	OT 2014

Holding: A borrower exercising his right to rescind under the Truth in Lending Act need only provide written notice to his lender within the three-year period; the statute does not require him to file suit within that period.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Scalia on January 13, 2015.

Opinion analysis: Shortest opinion of the year explains TILA rescission right (Ronald Mann)
View from the courtroom: Justice Scalia, a bit late to the stage (Mark Walsh)
Argument analysis: It may take “Houdini” himself for lenders to escape with victory in TILA rescission dispute (Ronald Mann)
Argument preview: High-powered counsel spar in Truth in Lending Act timeliness dispute (Ronald Mann)
Detention challenge denied (Lyle Denniston)
Petitions of the day (Maureen Johnston)

Date	Proceedings and Orders (key to color coding)
Dec 6 2013	Petition for a writ of certiorari filed. (Response due January 6, 2014)
Jan 2 2014	Order extending time to file response to petition to and including February 12, 2014.
Jan 23 2014	Order extending time to file response to petition to and including March 14, 2014.
Mar 14 2014	Response to petition from respondents Countrywide Home Loans, Inc., et al. filed. VIDED.
Apr 2 2014	DISTRIBUTED for Conference of April 18, 2014.
Apr 2 2014	Reply of petitioner Larry D. Jesinoski, and Cheryle Jesinoski filed. (Distributed)
Apr 21 2014	DISTRIBUTED for Conference of April 25, 2014.
Apr 28 2014	Petition GRANTED.
May 15 2014	The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 15, 2014.
May 16 2014	The time to file respondents' brief on the merits is extended to and including September 16, 2014.
Jul 15 2014	Joint appendix filed. (Statement of costs filed)
Jul 15 2014	Brief of petitioners Larry D. Jesinoski, et ux. filed.
Jul 15 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jul 15 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Jul 22 2014	Brief amicus curiae of the United States filed.
Jul 22 2014	Brief amici curiae of AARP, et al. filed.
Jul 22 2014	Brief amici curiae of States of New York, et al. filed.
Aug 21 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 4 2014	SET FOR ARGUMENT on Tuesday, November 4, 2014.
Sep 8 2014	Record requested from U.S.C.A. 8th Circuit.
Sep 15 2014	Record received from U.S.C.A. 8th Circuit. 1-Box.
Sep 16 2014	Brief of respondents Countrywide Home Loans, Inc., et al. filed.
Sep 17 2014	Brief amici curiae of American Bankers Association, et al. filed.
Sep 19 2014	CIRCULATED
Sep 23 2014	Brief amicus curiae of Professor Richard R.W. Brooks filed. (Distributed)
Sep 23 2014	Brief amicus curiae of Structured Finance Industry Group, Inc. filed. (Distributed)
Oct 14 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 16 2014	Reply of petitioners Larry D. Jesinoski, et ux. filed. (Distributed)
Nov 4 2014	Argued. For petitioners: David C. Frederick, Washington, D. C.; and Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Seth P. Waxman, Washington, D. C.
Jan 13 2015	Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion for a unanimous Court.
Feb 18 2015	JUDGMENT ISSUED.
Feb 20 2015	Record returned to U.S.C.A. 8th Circuit. 1 Box.

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This Week at the Court
The Supreme Court will release orders from the June 13 conference on Monday at 9:30 a.m.; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Monday at 10 a.m.
On Thursday, the justices meet for their June 20 conference.
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
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
More Petitions »
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Cases argued 69

Cases decided 42

Summary reversals 5

Merits cases granted to date 73

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Cases argued	69
Cases decided	42
Summary reversals	5
Merits cases granted to date	73

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