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Nutraceutical Corp. v. Lambert

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-1094	9th Cir.	Nov 27, 2018 Tr.Aud.	TBD	TBD	TBD	OT 2018

Issue: Whether the U.S. Court of Appeals for the 9th Circuit erred when it held that equitable exceptions apply to mandatory claim-processing rules—such as Federal Rule of Civil Procedure 23(f), which establishes a 14-day deadline to file a petition for permission to appeal an order granting or denying class-action certification—and can excuse a party’s failure to file timely within the deadline specified by Federal Rule of Civil Procedure 23(f), in conflict with the decisions of the U.S. Courts of Appeals for the 2nd, 3rd, 4th, 5th, 7th, 10th and 11th Circuits.

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Date	Proceedings and Orders (key to color coding)
Feb 01 2018	Petition for a writ of certiorari filed. (Response due March 7, 2018)
Feb 15 2018	Waiver of right of respondent Troy Lambert to respond filed.
Feb 28 2018	DISTRIBUTED for Conference of 3/16/2018.
Mar 07 2018	Response Requested. (Due April 6, 2018)
Mar 14 2018	Motion to extend the time to file a response from April 6, 2018 to June 1, 2018, submitted to The Clerk.
Mar 27 2018	Motion to extend the time to file a response is granted in part and the time is extended to and including May 14, 2018.
May 14 2018	Brief of respondent Troy Lambert in opposition filed.
May 23 2018	Reply of petitioner Nutraceutical Corporation filed.
May 29 2018	DISTRIBUTED for Conference of 6/14/2018.
Jun 18 2018	DISTRIBUTED for Conference of 6/21/2018.
Jun 25 2018	Petition GRANTED.
Jul 16 2018	Joint motion for an extension of time not accepted for filing. (July 23, 2018 - Corrected motion to be submitted.)
Jul 24 2018	Joint motion for an extension of time to file the opening briefs on the merits filed.
Jul 30 2018	Joint motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 20, 2018. The time to file respondent's brief on the merits is extended to and including October 1, 2018.
Aug 20 2018	Brief of petitioner Nutraceutical Corporation filed.
Aug 20 2018	Joint appendix filed. (Statement of costs filed)
Oct 01 2018	Brief of respondent Troy Lambert filed.
Oct 09 2018	SET FOR ARGUMENT ON Tuesday, November 27, 2018
Oct 15 2018	Record requested from U.S.C.A. 9th Circuit.
Oct 19 2018	CIRCULATED
Oct 31 2018	Reply of petitioner Nutraceutical Corporation filed. (Distributed)
Nov 27 2018	Argued. For petitioner: John Hueston, Los Angeles, Cal. For respondent: Jonathan A. Herstoff, New York, N. Y.

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
On Tuesday, the justices released their opinions in New Prime Inc. v. Oliveira and Stokeling v. United States.
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On Tuesday, the justices heard oral argument in Home Depot U.S.A. Inc. v. Jackson and Azar v. Allina Health Services.
On Wednesday, the justices heard oral argument in Knick v. Township of Scott and Tennessee Wine & Spirits Retailers Association v. Blair.
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Jan. 2019

Su	Mo	Tu	We	Th	Fr	Sa
		1 Holiday	2	3	4 Conference	5
6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
20	21 Holiday	22 Orders	23	24	25	26
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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Nutraceutical Corp. v. Lambert

SCOTUSblog Coverage

Featured Posts

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance – Rory Little

Argument analysis: Justices weigh text and history of 21st Amendment in challenge to state residency requirement for liquor licenses – Amy Howe

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Conference of January 18, 2019

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

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