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Weatherly v. Pershing, L.L.C.

Petition for certiorari denied on October 5, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-1157 5th Cir. N/A N/A N/A N/A OT 2020

Issues: (1) Whether in a class action filed in federal court based on diversity jurisdiction, the tolling rule of American Pipe & Construction Co. v. Utah applies, as the U.S. Court of Appeals for the 8th Circuit has held, or whether state tolling law applies as the U.S. Court of Appeals for the 5th Circuit ruled in this case and as the U.S. Courts of Appeals for the 2nd, 4th, 6th, 7th and 9th Circuits have held; and (2) whether, if federal tolling applies, tolling occurs when a plaintiff brings an individual action before the district court has ruled on the class certification question, as the 2nd, 9th and 10th Circuits have ruled, or whether tolling does not apply as the 1st and 6th Circuits have ruled.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 18 2020Petition for a writ of certiorari filed. (Response due April 20, 2020)
Mar 26 2020Waiver of right of respondent Pershing L.L.C. to respond filed.
Apr 01 2020DISTRIBUTED for Conference of 4/17/2020.
Apr 08 2020Response Requested. (Due May 8, 2020)
Apr 13 2020Motion to extend the time to file a response from May 8, 2020 to June 8, 2020, submitted to The Clerk.
Apr 15 2020Motion to extend the time to file a response is granted and the time is extended to and including June 8, 2020.
Jun 05 2020Brief of respondent Pershing L.L.C. in opposition filed.
Jun 17 2020Reply of petitioners Patsy Weatherly, et al. filed.
Jun 24 2020DISTRIBUTED for Conference of 9/29/2020.
Oct 05 2020Petition DENIED.