Lozman v. City of Riviera Beach, Florida
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-626 | 11th Cir. | Oct 1, 0012 | 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, January 15, 2013)
- Argument recap: If it floats, so what? (Lyle Denniston, October 1, 2012)
- Argument preview: Defining a houseboat -- a house or a boat? (Lyle Denniston, September 28, 2012)
- All sides: Keep houseboat case alive (Lyle Denniston, August 29, 2012)
- Houseboat case may be moot (Lyle Denniston, August 14, 2012)
| Date | Proceedings and Orders |
|---|---|
| 11/17/2011 | Petition for a writ of certiorari filed. (Response due December 21, 2011) |
| 12/13/2011 | Order extending time to file response to petition to and including January 20, 2012. |
| 12/19/2011 | Motion for leave to file amicus brief filed by The Maritime Law Association of the United States |
| 01/20/2012 | Brief of respondent The City of Riviera Beach, Florida in opposition filed. |
| 01/31/2012 | Reply of petitioner Fane Lozman filed. (Distributed) |
| 02/01/2012 | DISTRIBUTED for Conference of February 17, 2012. |
| 02/21/2012 | Petition GRANTED. |
| 02/21/2012 | Motion for leave to file amicus brief filed by The Maritime Law Association of the United States GRANTED. |
| 03/08/2012 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 7, 2012. |
| 03/08/2012 | The time to file respondent's brief on the merits is extended to and including July 10, 2012. |
| 05/04/2012 | The time to file the joint appendix and petitioner's brief on the merits is further extended to and including May 8, 2012, |
| 05/04/2012 | The time to file respondent's brief on the merits is further extended to and including July 12, 2012. |
| 05/08/2012 | Joint appendix filed. (Statement of costs filed) |
| 05/08/2012 | Brief of petitioner Fane Lozman filed. |
| 05/15/2012 | Brief amicus curiae of the Solicitor General filed. |
| 05/15/2012 | Brief amici curiae of Seattle Floating Homes Association, et al. filed. |
| 05/15/2012 | Brief amicus curiae of American Gaming Association filed. |
| 05/15/2012 | Brief amici curiae of Maritime Law Professors filed. |
| 06/27/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner |
| 07/10/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent . |
| 07/12/2012 | Brief of respondent The City of Riviera Beach, Florida filed. |
| 07/19/2012 | Brief amici curiae of Thirty-six Admiralty and Maritime Law Professors filed. (Distributed) |
| 07/19/2012 | Brief amicus curiae of United Brotherhood of Carpenters and Joiners of America filed. (Distributed) |
| 07/19/2012 | Brief amicus curiae of Maritime Law Association of the United States filed. (Distributed) |
| 07/19/2012 | Brief amicus curiae of Professor Kevin M. Clermont filed. |
| 07/19/2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 07/19/2012 | Brief amicus curiae of National Marine Bankers Association filed. (Distributed) |
| 07/23/2012 | SET FOR ARGUMENT ON Monday, October 1, 2012 |
| 07/24/2012 | CIRCULATED. |
| 08/03/2012 | Record received from U.S.C.A. for 11th Circuit. (1 envelope) |
| 08/07/2012 | Reply of petitioner Fane Lozman filed. (Distributed) |
| 08/13/2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 08/14/2012 | The parties are directed, and the Solicitor General is invited, to file letter briefs addressing the following question: |
| 08/28/2012 | Supplemental brief of the Solicitor General filed. (Distributed) |
| 08/28/2012 | Supplemental brief of petitioner Fane Lozman filed. (Distributed) |
| 08/28/2012 | Supplemental brief of respondent The City of Riviera Beach, Florida filed. (Distributed) |
| 09/10/2012 | U.S..D.C. for Southern District of Florida. (1 box) |
| 10/01/2012 | 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. |
| 01/15/2013 | 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. |
| 02/19/2013 | JUDGMENT ISSUED. |
| 04/02/2013 | Record returned to U.S.C.A. for Eleventh Circuit. |
| 04/02/2013 | Record returned to U.S.D.C. for District of Columbia. |
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.