Rotkiske v. Klemm

Editor's Note :

Rotkiske v. Klemm

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

SCOTUSblog Coverage

SCOTUSblog Coverage

Featured Posts

Sponsored by Casetext

SCOTUStalk see all

Email Digest Sign-Up

Merits Case Pages and Archives

Major Cases

Recent Decisions

Current Relists

Recent Special Features

Live Blog Archives

May 2019

Merits Docket OT18 (May 13, 2019)

Majority Opinions by Author

Merits Cases by Sitting

Voting Breakdown Argued Cases

Majority Lineup 5-4 Decisions

Download our App in the Apple Store

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award

Conference of May 16, 2019

Enter your email address to subscribe to updates to this case (by doing so, you are accepting the terms in our privacy policy):

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
18-328	3d Cir.	TBD	TBD	TBD	TBD	OT 2019

Issue: Whether the “discovery rule” applies to toll the one-year statute of limitations under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq., as the U.S. Courts of Appeals for the 4th and 9th Circuits have held but the U.S. Court of Appeals for the 3rd Circuit (sua sponte en banc) has held contrarily.

One new grant and a 9th Circuit rebuke (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Aug 09 2018	Application (18A161) to extend the time to file a petition for a writ of certiorari from August 13, 2018 to October 12, 2018, submitted to Justice Alito.
Aug 15 2018	Application (18A161) granted by Justice Alito extending the time to file until September 12, 2018.
Sep 11 2018	Petition for a writ of certiorari filed. (Response due October 15, 2018)
Oct 31 2018	DISTRIBUTED for Conference of 11/16/2018.
Nov 05 2018	Response Requested. (Due December 5, 2018)
Nov 21 2018	Motion to extend the time to file a response from December 5, 2018 to January 4, 2019, submitted to The Clerk.
Nov 23 2018	Motion to extend the time to file a response is granted and the time is extended to and including January 4, 2019.
Jan 04 2019	Brief of respondents Paul Klemm, et al. in opposition filed.
Jan 23 2019	DISTRIBUTED for Conference of 2/15/2019.
Feb 19 2019	DISTRIBUTED for Conference of 2/22/2019.
Feb 25 2019	Petition GRANTED.
Mar 08 2019	Joint motion of the parties for an extension of time to file the briefs on the merits filed.
Mar 19 2019	Joint motion of the parties to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 13, 2019. The time to file respondents' brief on the merits is extended to and including July 12, 2019.
Apr 03 2019	Motion to dispense with printing the joint appendix filed by petitioner Kevin Rotkiske.
Apr 22 2019	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 13 2019	Brief of petitioner Kevin Rotkiske filed.

Featured Posts

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
Sponsored by Casetext
SCOTUStalk see all
Email Digest Sign-Up
Receive a daily email digest from Feedburner by entering your email.
Merits Case Pages and Archives

Archives

or

This Week at the Court
The Supreme Court will release orders from the May 16 conference on Monday at 9:30 a.m.; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Monday at 10 a.m.
On Thursday, the justices meet for their May 23 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (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.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Apple Inc. v. Pepper Respondents, who purchased apps for their iPhones though Apple’s App Store, were direct purchasers from Apple under Illinois Brick Co. v. Illinois and may sue Apple for allegedly monopolizing the retail market for the sale of iPhone apps.
- Cochise Consultancy Inc. v. United States, ex rel. Hunt The limitations period in 31 U.S.C. §3731(b)(2) -- which provides that a False Claims Act action must be brought within three years after the “the official of the United States charged with responsibility to act in the circumstances” knew or should have known the relevant facts, but not more than 10 years after the violation -- applies in a qui tam suit in which the federal government has declined to intervene; the relator in a nonintervened suit is not “the official of the United States” whose knowledge triggers §3731(b)(2)’s limitations period.
- Franchise Tax Board of California v. Hyatt Nevada v. Hall is overruled; states retain their sovereign immunity from private suits brought in courts of other states.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- 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.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

see all »
Live Blog Archives
See all
Twitter Feed

Tweets by @SCOTUSblog

Full Calendar Submit Event

Orders/Opinions
Arguments
Conferences

Events
Holidays
Multiple

Merits Docket OT18 (May 13, 2019)
Majority Opinions by Author
Merits Cases by Sitting
Voting Breakdown Argued Cases
Majority Lineup 5-4 Decisions
Download our App in the Apple Store
Videos see all

Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

9
Conference

13
Orders
Opinions

16
Conference

20
Orders
Opinions

23
Conference

30
Conference