Town of Chester v. Laroe Estates, Inc.

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Town of Chester v. Laroe Estates, Inc.

Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information – Mark Fenster

Opinion analysis: Punitive damages not available under general maritime law in personal-injury unseaworthiness action – Joel Goldstein

Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down – Megan Carpenter

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-605	2d Cir.	Apr 17, 2017 Tr.Aud.	Jun 5, 2017	9-0	Alito	OT 2016

Holding: (1) A litigant seeking to intervene as of right under Federal Rule of Civil Procedure 24(a)(2) must meet the requirements of Article III standing if the intervenor wishes to pursue relief not requested by a plaintiff; and (2) the court of appeals is to address on remand the question whether Laroe Estates seeks different relief than Steven Sherman: If Laroe wants only a money judgment of its own running directly against the town of Chester, then it seeks damages different from those sought by Sherman and must establish its own Article III standing in order to intervene.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Alito on June 5, 2017.

Opinion analysis: Standing, intervention and a narrow disposition (Howard M. Wasserman)
Argument analysis: Intervention, standing and control over litigation (Howard M. Wasserman)
Argument preview: Standing for intervention (Howard M. Wasserman)
Court adds 16 new cases to its merits docket (Expanded) (Amy Howe)
Petition of the day (Kate Howard)

Date	Proceedings and Orders (key to color coding)
Sep 22 2016	Application (16A303) to extend the time to file a petition for a writ of certiorari from October 4, 2016 to November 3, 2016, submitted to Justice Ginsburg.
Sep 23 2016	Application (16A303) granted by Justice Ginsburg extending the time to file until November 3, 2016.
Nov 3 2016	Petition for a writ of certiorari filed. (Response due December 5, 2016)
Nov 17 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Nov 22 2016	Order extending time to file response to petition to and including December 7, 2016.
Dec 2 2016	Brief amicus curiae of The International Municipal Lawyers Association filed.
Dec 5 2016	Brief of respondent Laroe Estates, Inc. in opposition filed.
Dec 20 2016	Reply of petitioner Town of Chester, New York filed.
Dec 21 2016	DISTRIBUTED for Conference of January 6, 2017.
Jan 9 2017	DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017	Petition GRANTED.
Feb 7 2017	Motion to be added as a respondent and for leave to participate in oral argument filed by Nancy Sherman, Executrix.
Feb 15 2017	Response to motion of Nancy Sherman, Executrix from counsel for respondent.
Feb 16 2017	Response to motion of Nancy Sherman, Executrix from counsel for petitioner.
Feb 17 2017	SET FOR ARGUMENT ON Monday, April 17, 2017
Feb 17 2017	Reply of Nancy Sherman, Executrix.
Feb 22 2017	Record requested from the U.S.C.A. 2nd Circuit.
Feb 24 2017	Joint appendix filed. (Statement of costs filed.)
Feb 24 2017	Brief of petitioner Town of Chester, New York filed.
Feb 27 2017	Record received from the U.S.C.A. 2nd Circuit. The record is electronic.
Feb 28 2017	Motion to be added as a respondent and for leave to participate in oral argument DENIED.
Mar 3 2017	Brief amicus curiae of United States filed.
Mar 3 2017	Brief amici curiae of National Association of Counties, et al. filed.
Mar 3 2017	Brief amicus curiae of Professor Aaron- Andrew P. Bruhl filed.
Mar 6 2017	Brief amicus curiae of Nancy Sherman, Executrix in support of neither party filed.
Mar 9 2017	Motion for reconsideration of motion to be added as a respondent and for leave to participate in oral argument filed by Nancy Sherman, Executrix.
Mar 10 2017	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 22 2017	CIRCULATED.
Mar 27 2017	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 27 2017	Motion of Nancy Sherman, Executrix, for reconsideration of motion to be added as a respondent and for leave to participate in oral argument DENIED.
Mar 27 2017	Brief of respondent Laroe Estates, Inc. filed. (Distributed)
Mar 31 2017	Brief amici curiae of National Association of Home Builders, et al. filed. (Distributed)
Apr 3 2017	Brief amici curiae of Constitutional Accountability Center, and Institute for Justice filed. (Distributed)
Apr 3 2017	Brief amici curiae of American Forest Resource Council, et al. filed. (Distributed)
Apr 10 2017	Reply of petitioner Town of Chester, New York filed. (Distributed)
Apr 17 2017	Argued. For petitioner: Neal K. Katyal, Washington, D. C.; and Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Shay Dvoretzky, Washington, D. C.
Jun 5 2017	Judgment VACATED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court.
Jul 7 2017	JUDGMENT ISSUED.

Featured Posts

Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information – Mark Fenster

Opinion analysis: Punitive damages not available under general maritime law in personal-injury unseaworthiness action – Joel Goldstein

Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down – Megan Carpenter
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On Monday, the Supreme Court released orders from the June 20 conference; the justices granted eight new cases, for a total of five hours of oral argument next term: Guerrero-Lasprilla v. Barr, Ovalles v. Barr, Dex Media Inc. v. Click-To-Call Technologies, LP, Maine Community Health Options v. United States, Moda Health Plan Inc. v. United States, Land of Lincoln Mutual Health Insurance Co. v. United States, Georgia v. Public.Resource.Org Inc. and Banister v. Davis.
Also on Monday, the justices released their opinions in four argued cases: United States v. Davis, Food Marketing Institute v. Argus Leader Media, Iancu v. Brunetti and The Dutra Group v. Batterton.
The Supreme Court will release opinions in one or more argued cases on Wednesday at 10 a.m.
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
- Gamble v. United States
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Recent Decisions
- Food Marketing Institute v. Argus Leader Media Where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of 5 U. S. C. §552(b)(4), the Freedom of Information Act’s Exemption 4.
- Iancu v. Brunetti The Lanham Act prohibition on the registration of “immoral” or “scandalous” trademarks infringes the First Amendment.
- The Dutra Group v. Batterton A plaintiff may not recover punitive damages on a maritime claim of unseaworthiness.
- United States v. Davis Title 18 U. S. C. §924(c)(3)(B), which provides enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
- Kelly v. United States Whether a public official “defraud[s]” the government of its property by advancing a “public policy reason” for an official decision that is not her subjective “real reason” for making the decision.
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