|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-348||11th Cir.||Jan 17, 2017||May 15, 2017||5-3||Breyer||OT 2016|
Holding: The filing of a proof of claim that is obviously time barred is not a false, deceptive, misleading, unfair or unconscionable debt-collection practice within the meaning of the Fair Debt Collection Practices Act.
Judgment: Reversed, 5-3, in an opinion by Justice Breyer on May 15, 2017. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg and Kagan joined. Justice Gorsuch took no part in the consideration or decision of the case.
|Date||Proceedings and Orders |
|Sep 16 2016||Petition for a writ of certiorari filed. (Response due October 17, 2016)|
|Sep 19 2016||Brief of respondent Aleida Johnson filed.|
|Sep 20 2016||Letter of September 20, 2016, from counsel for petitioner received waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5.|
|Sep 21 2016||DISTRIBUTED for Conference of October 7, 2016.|
|Sep 21 2016||Reply of petitioner Midland Funding, LLC filed. (Distributed)|
|Oct 11 2016||Petition GRANTED.|
|Nov 1 2016||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.|
|Nov 4 2016||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.|
|Nov 14 2016||Brief of petitioner Midland Funding, LLC filed.|
|Nov 14 2016||Joint appendix filed. (Statement of costs filed.)|
|Nov 18 2016||Brief amicus curiae of DBA International, Inc. filed.|
|Nov 21 2016||Brief amicus curiae of The Chamber of Commerce of the United States of America filed.|
|Nov 21 2016||Brief amicus curiae of Resurgent Capital Services, L.P. filed.|
|Nov 21 2016||Brief amicus curiae of ACA International filed.|
|Nov 21 2016||Brief amici curiae of NARCA - National Creditors Bar Association, et al. filed.|
|Dec 5 2016||SET FOR ARGUMENT on Tuesday, January 17, 2017.|
|Dec 7 2016||Record requested from U.S.C.A. 11th Circuit.|
|Dec 9 2016||Record received from the U.S.C.A. 11th Circuit. The record is electronic and available on PACER.|
|Dec 12 2016||CIRCULATED.|
|Dec 14 2016||Brief of respondent Aleida Johnson (Reprinted) filed. (Distributed)|
|Dec 21 2016||Brief amicus curiae of United States filed. (Distributed)|
|Dec 21 2016||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Dec 21 2016||Brief amicus curiae of National Association of Chapter Thirteen Trustees filed. (Distributed)|
|Dec 21 2016||Brief amicus curiae of G. Eric Brunstad, Jr. filed. (Distributed)|
|Dec 21 2016||Brief amici curiae of National Association of Consumer Bankruptcy Attorneys, et al. filed. (Distributed)|
|Dec 21 2016||Brief amici curiae of Public Citizen, Inc., et al. filed. (Distributed)|
|Jan 6 2017||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Jan 6 2017||Reply of petitioner Midland Funding, LLC filed. (Distributed)|
|Jan 17 2017||Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Daniel L. Geyser, Dallas, Tex.; and Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)|
|May 15 2017||Judgment REVERSED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg and Kagan, JJ., joined. Gorsuch, J., took no part in the consideration or decision of the case.|
|Jun 19 2017||JUDGMENT ISSUED.|
A surprising stat at this point in the term: Both Kagan and Breyer have been in the majority slightly more often than Alito.
Kavanaugh continues to have the highest rate (as he has for most of the term). Sotomayor has the lowest.
Still 15 cases left. So this could all change.
The first two pieces in our symposium on yesterday's decision in Fulton v. Philadelphia are up. First, @JimOleske dissects the decision in light of the court's shadow-docket ruling in Tandon v. Newsom, which took a very different approach to free exercise.
Fulton quiets Tandon’s thunder: A free exercise puzzle - SCOTUSblog
This article is the first entry in a symposium on the court’s decision in Fulton v. City of Philadelphia. ...
Number of pages written by each justice in the five decisions handed down this week (majority opinions, concurrences, and dissents all included):
While today's decision in Fulton v. Philadelphia is a win for a Catholic group seeking to participate in the city's foster program, it stops short of the broad endorsement of religious freedom the challengers had hoped for. Here's @AHoweBlogger's analysis:
Court holds that city’s refusal to make referrals to faith-based agency violates Constitution - SCOTUSblog
In a clash between religious freedom and public policies that protect LGBTQ people, the Supreme Court ruled Thursday...
Now do we say that Sonia Sotomayor and the other liberals supported child slavery by all voting for Nestle today? Of course not. And Nestle’s lawyers like @Neal_katyal obviously don’t either. The cheap attacks on the court and thoughtful lawyers did not age well. -tg
The claim @nealkatyal was defending slavery is flat wrong & libelous. Here is what he actually said, which is the reverse: child slavery is abhorrent, criminal, horrific. Remember in a pending case he can't comment, so read what he really said in full.
Tired from this morning's momentous opinions? Get ready to do it all again next week -- three times. The court just revealed that next Monday, Wednesday and Friday will all be opinion days.
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