Midland Funding, LLC v. Johnson
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-348 | 11th Cir. |
Jan 17, 2017 Tr.Aud. |
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.
SCOTUSblog Coverage
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- Court adds three hours of oral argument to its merits docket (Amy Howe)
| 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. |
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