Lozman v. City of Riviera Beach, Florida

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Lozman v. City of Riviera Beach, Florida

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Conference of May 16, 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.

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Academic highlight: The states arguing as amici curiae in the Supreme Court – Dan Schweitzer

Relist Watch – John Elwood

Ask the author: “So Long, Earl” – Andrew Hamm
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The Supreme Court released orders from the May 16 conference on Monday; the justices granted Ritzen Group Inc. v. Jackson Masonry, LLC.
On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
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  (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.
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- 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	70
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Summary reversals	4
Merits cases granted to date	73

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