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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

DateProceedings and Orders (key to color coding)
Sep 16 2016Petition for a writ of certiorari filed. (Response due October 17, 2016)
Sep 19 2016Brief of respondent Aleida Johnson filed.
Sep 20 2016Letter 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 2016DISTRIBUTED for Conference of October 7, 2016.
Sep 21 2016Reply of petitioner Midland Funding, LLC filed. (Distributed)
Oct 11 2016Petition GRANTED.
Nov 1 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Nov 4 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Nov 14 2016Brief of petitioner Midland Funding, LLC filed.
Nov 14 2016Joint appendix filed. (Statement of costs filed.)
Nov 18 2016Brief amicus curiae of DBA International, Inc. filed.
Nov 21 2016Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Nov 21 2016Brief amicus curiae of Resurgent Capital Services, L.P. filed.
Nov 21 2016Brief amicus curiae of ACA International filed.
Nov 21 2016Brief amici curiae of NARCA - National Creditors Bar Association, et al. filed.
Dec 5 2016SET FOR ARGUMENT on Tuesday, January 17, 2017.
Dec 7 2016Record requested from U.S.C.A. 11th Circuit.
Dec 9 2016Record received from the U.S.C.A. 11th Circuit. The record is electronic and available on PACER.
Dec 12 2016CIRCULATED.
Dec 14 2016Brief of respondent Aleida Johnson (Reprinted) filed. (Distributed)
Dec 21 2016Brief amicus curiae of United States filed. (Distributed)
Dec 21 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 21 2016Brief amicus curiae of National Association of Chapter Thirteen Trustees filed. (Distributed)
Dec 21 2016Brief amicus curiae of G. Eric Brunstad, Jr. filed. (Distributed)
Dec 21 2016Brief amici curiae of National Association of Consumer Bankruptcy Attorneys, et al. filed. (Distributed)
Dec 21 2016Brief amici curiae of Public Citizen, Inc., et al. filed. (Distributed)
Jan 6 2017Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 6 2017Reply of petitioner Midland Funding, LLC filed. (Distributed)
Jan 17 2017Argued. 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 2017Judgment 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 2017JUDGMENT ISSUED.
 
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