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Lozman v. City of Riviera Beach, Florida

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Docket No. Op. Below Argument Opinion Vote Author Term
11-626 11th Cir. Oct 1, 2012 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

DateProceedings and Orders (key to color coding)
Nov 17 2011Petition for a writ of certiorari filed. (Response due December 21, 2011)
Dec 13 2011Order extending time to file response to petition to and including January 20, 2012.
Dec 19 2011Motion for leave to file amicus brief filed by The Maritime Law Association of the United States
Jan 20 2012Brief of respondent The City of Riviera Beach, Florida in opposition filed.
Jan 31 2012Reply of petitioner Fane Lozman filed. (Distributed)
Feb 1 2012DISTRIBUTED for Conference of February 17, 2012.
Feb 21 2012Petition GRANTED.
Feb 21 2012Motion for leave to file amicus brief filed by The Maritime Law Association of the United States GRANTED.
Mar 8 2012The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 7, 2012.
Mar 8 2012The time to file respondent's brief on the merits is extended to and including July 10, 2012.
May 4 2012The time to file the joint appendix and petitioner's brief on the merits is further extended to and including May 8, 2012,
May 4 2012The time to file respondent's brief on the merits is further extended to and including July 12, 2012.
May 8 2012Joint appendix filed. (Statement of costs filed)
May 8 2012Brief of petitioner Fane Lozman filed.
May 15 2012Brief amicus curiae of the Solicitor General filed.
May 15 2012Brief amici curiae of Seattle Floating Homes Association, et al. filed.
May 15 2012Brief amicus curiae of American Gaming Association filed.
May 15 2012Brief amici curiae of Maritime Law Professors filed.
Jun 27 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner
Jul 10 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent .
Jul 12 2012Brief of respondent The City of Riviera Beach, Florida filed.
Jul 19 2012Brief amici curiae of Thirty-six Admiralty and Maritime Law Professors filed. (Distributed)
Jul 19 2012Brief amicus curiae of United Brotherhood of Carpenters and Joiners of America filed. (Distributed)
Jul 19 2012Brief amicus curiae of Maritime Law Association of the United States filed. (Distributed)
Jul 19 2012Brief amicus curiae of Professor Kevin M. Clermont filed.
Jul 19 2012Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 19 2012Brief amicus curiae of National Marine Bankers Association filed. (Distributed)
Jul 23 2012SET FOR ARGUMENT ON Monday, October 1, 2012
Jul 24 2012CIRCULATED.
Aug 3 2012Record received from U.S.C.A. for 11th Circuit. (1 envelope)
Aug 7 2012Reply of petitioner Fane Lozman filed. (Distributed)
Aug 13 2012Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Aug 14 2012The 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 court’s 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 2012Supplemental brief of the Solicitor General filed. (Distributed)
Aug 28 2012Supplemental brief of petitioner Fane Lozman filed. (Distributed)
Aug 28 2012Supplemental brief of respondent The City of Riviera Beach, Florida filed. (Distributed)
Sep 10 2012U.S..D.C. for Southern District of Florida. (1 box)
Oct 1 2012Argued. 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 2013Judgment 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 2013JUDGMENT ISSUED.
Apr 2 2013Record returned to U.S.C.A. for Eleventh Circuit.
Apr 2 2013Record returned to U.S.D.C. for District of Columbia.