Lozman v. City of Riviera Beach, Florida
| 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.
SCOTUSblog Coverage
- 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 |
|---|---|
| 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. |
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