Lozman v. City of Riviera Beach, Florida

Lozman v. City of Riviera Beach, Florida

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann

Opinion analysis: Washington state motor-fuel tax violates Yakama Treaty – Bethany Berger

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Conference of March 15, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-626	11th Cir.	Oct 1, 2012 Tr.Aud.	Jan 15, 2013	7-2	Breyer	OT 2012

Holding: Lozman's floating home is not a "vessel" for purposes of 1 U.S.C. § 3, and therefore federal maritime jurisdiction is not triggered, because -- except for the fact that it floats -- nothing about it suggests that it was intended to transport people or things over water.

Judgment: Reversed, 7-2, in an opinion by Justice Breyer on January 15, 2013. Justice Sotomayor filed a dissenting opinion, in which Justice Kennedy joined.

Opinion recap: Reasonable observer at dockside (Lyle Denniston)
Argument recap: If it floats, so what? (Lyle Denniston)
Argument preview: Defining a houseboat -- a house or a boat? (Lyle Denniston)
All sides: Keep houseboat case alive (Lyle Denniston)
Houseboat case may be moot (Lyle Denniston)
This week’s grants: In Plain English (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Nov 17 2011	Petition for a writ of certiorari filed. (Response due December 21, 2011)
Dec 13 2011	Order extending time to file response to petition to and including January 20, 2012.
Dec 19 2011	Motion for leave to file amicus brief filed by The Maritime Law Association of the United States
Jan 20 2012	Brief of respondent The City of Riviera Beach, Florida in opposition filed.
Jan 31 2012	Reply of petitioner Fane Lozman filed. (Distributed)
Feb 1 2012	DISTRIBUTED for Conference of February 17, 2012.
Feb 21 2012	Petition GRANTED.
Feb 21 2012	Motion for leave to file amicus brief filed by The Maritime Law Association of the United States GRANTED.
Mar 8 2012	The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 7, 2012.
Mar 8 2012	The time to file respondent's brief on the merits is extended to and including July 10, 2012.
May 4 2012	The time to file the joint appendix and petitioner's brief on the merits is further extended to and including May 8, 2012,
May 4 2012	The time to file respondent's brief on the merits is further extended to and including July 12, 2012.
May 8 2012	Joint appendix filed. (Statement of costs filed)
May 8 2012	Brief of petitioner Fane Lozman filed.
May 15 2012	Brief amicus curiae of the Solicitor General filed.
May 15 2012	Brief amici curiae of Seattle Floating Homes Association, et al. filed.
May 15 2012	Brief amicus curiae of American Gaming Association filed.
May 15 2012	Brief amici curiae of Maritime Law Professors filed.
Jun 27 2012	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner
Jul 10 2012	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent .
Jul 12 2012	Brief of respondent The City of Riviera Beach, Florida filed.
Jul 19 2012	Brief amici curiae of Thirty-six Admiralty and Maritime Law Professors filed. (Distributed)
Jul 19 2012	Brief amicus curiae of United Brotherhood of Carpenters and Joiners of America filed. (Distributed)
Jul 19 2012	Brief amicus curiae of Maritime Law Association of the United States filed. (Distributed)
Jul 19 2012	Brief amicus curiae of Professor Kevin M. Clermont filed.
Jul 19 2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 19 2012	Brief amicus curiae of National Marine Bankers Association filed. (Distributed)
Jul 23 2012	SET FOR ARGUMENT ON Monday, October 1, 2012
Jul 24 2012	CIRCULATED.
Aug 3 2012	Record received from U.S.C.A. for 11th Circuit. (1 envelope)
Aug 7 2012	Reply of petitioner Fane Lozman filed. (Distributed)
Aug 13 2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Aug 14 2012	The parties are directed, and the Solicitor General is invited, to file letter briefs addressing the following question: The res in this putative in rem admiralty proceeding was sold at a judicial auction in execution of the district courts judgment on a maritime lien and a maritime trespass claim, Petn. App. 9a-10a, and subsequently destroyed, Petr. Br. 10-11. Does either the judicial auction or the subsequent destruction of the res render this case moot? The briefs, limited to 10 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Tuesday, August 28, 2012.
Aug 28 2012	Supplemental brief of the Solicitor General filed. (Distributed)
Aug 28 2012	Supplemental brief of petitioner Fane Lozman filed. (Distributed)
Aug 28 2012	Supplemental brief of respondent The City of Riviera Beach, Florida filed. (Distributed)
Sep 10 2012	U.S..D.C. for Southern District of Florida. (1 box)
Oct 1 2012	Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: David C. Frederick, Washington, D. C.
Jan 15 2013	Judgment REVERSED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, Ginsburg, Alito, and Kagan, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Kennedy, J., joined.
Feb 19 2013	JUDGMENT ISSUED.
Apr 2 2013	Record returned to U.S.C.A. for Eleventh Circuit.
Apr 2 2013	Record returned to U.S.D.C. for District of Columbia.

Featured Posts

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann

Opinion analysis: Washington state motor-fuel tax violates Yakama Treaty – Bethany Berger
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The Supreme Court released orders from the March 15 conference on Monday. The justices granted four cases for next term: Kansas v. Garcia, Mathena v. Malvo, Ramos v. Louisiana and Kahler v. Kansas. The justices also called for the views of the U.S. solicitor general in two cases: Patterson v. Walgreen Co. and Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc.
On Tuesday, the justices released their opinions in three cases: Air and Liquid Systems Corp. v. DeVries, Nielsen v. Preap and Washington State Department of Licensing v. Cougar Den Inc.
On Wednesday, the justices released their opinions in two cases: Obduskey v. McCarthy & Holthus LLP and Frank v. Gaos.
On Monday, the justices heard oral argument in Virginia House of Delegates v. Bethune-Hill and Smith v. Berryhill.
On Tuesday, the justices heard oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt.
On Wednesday, the justices heard oral argument in Flowers v. Mississippi.
On Friday, the justices meet for their March 22 conference.
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- 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.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- 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.
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Recent Decisions
- Frank v. Gaos This class action settlement case is remanded for the courts below to address the plaintiffs’ standing in light of Spokeo, Inc. v. Robins.
- Obduskey v. McCarthy & Holthus LLP A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for the limited purpose of enforcing security interests under 15 U. S. C. §1692f(6).
- Air and Liquid Systems Corp. v. DeVries In the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users will realize that danger.
- Nielsen v. Preap The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U. S. C. §1226(c)(2)’s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.
- Washington State Department of Licensing v. Cougar Den Inc. The Supreme Court of Washington’s judgment -- that the “right to travel” provision of the 1855 Treaty Between the United States and the Yakama Nation of Indians pre-empts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation -- is affirmed.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
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Cases argued 52

Cases decided 26

Summary reversals 4

Merits cases granted to date 74

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Cases argued	52
Cases decided	26
Summary reversals	4
Merits cases granted to date	74

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)

27
KISOR V. WILKIE (18-15)

29
Conference