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Lipschultz v. Charter Advanced Services, LLC

Petition for certiorari denied on October 21, 2019
Docket No. Op. Below Argument Opinion Vote Author Term
18-1386 8th Cir. N/A N/A N/A N/A OT 2019

Issues: (1) Whether, in the absence of a Federal Communications Commission decision classifying Voice over Internet Protocol service as an information service, FCC policy can conflict with and pre-empt state regulation of VoIP service; and (2) whether VoIP service is a telecommunications service or an information service, under the appropriate functional test for classification determinations from National Cable & Telecommunications Association v. Brand X Internet Services.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 22 2019Application (18A889) to extend the time to file a petition for a writ of certiorari from March 4, 2019 to May 3, 2019, submitted to Justice Gorsuch.
Mar 01 2019Application (18A889) granted by Justice Gorsuch extending the time to file until May 3, 2019.
May 01 2019Petition for a writ of certiorari filed. (Response due June 3, 2019)
May 22 2019Motion to extend the time to file a response from June 3, 2019 to July 3, 2019, submitted to The Clerk.
May 23 2019Motion to extend the time to file a response is granted and the time is extended to and including July 3, 2019.
Jun 03 2019Brief amicus curiae of National Association of Regulatory Utility Commissioners filed.
Jul 03 2019Brief of respondents Charter Advanced Services (MN) LLC, et al. in opposition filed.
Jul 12 2019Reply of petitioners Dan M. Lipschultz, et al. filed.
Jul 17 2019DISTRIBUTED for Conference of 10/1/2019.
Sep 25 2019Rescheduled.
Oct 03 2019Letter of October 3, 2019 from counsel for petitioners filed. (Distributed)
Oct 07 2019DISTRIBUTED for Conference of 10/11/2019.
Oct 07 2019Supplemental brief of respondents Charter Advanced Services (MN) LLC, et al. filed. (Distributed)
Oct 09 2019Rescheduled.
Oct 15 2019DISTRIBUTED for Conference of 10/18/2019.
Oct 21 2019Petition DENIED. Justice Thomas, with whom Justice Gorsuch joins, concurring in the denial of certiorari. The Chief Justice took no part in the consideration or decision of this petition. (Detached Opinion)
 
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