CTS Corp. v. Waldburger
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-339 | 4th Cir. | Apr 23, 2014 | Jun 9, 2014 | 7-2 | Kennedy | OT 2013 |
Holding: North Carolina"s statute of repose is not preempted by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), which instead only preempts state statutes of limitations on bringing state-law environmental tort cases.
Judgment: Reversed, 7-2, in an opinion by Justice Kennedy on June 9, 2014. Chief Justice Roberts, Justice Scalia, Justice Thomas and Justice Alito joined the opinion except as to Part II-D. Justice Scalia filed an opinion concurring in part and concurring in the judgement, in which Chief Justice Roberts, Justice Thomas, and Justice Alito joined. Justice Ginsburg filed a dissenting opinion, in which Justice Breyer joined.
SCOTUSblog Coverage
- Opinion analysis: Court's narrow reading of Superfund's preemption provision leaves victims of toxic exposure without legal recourse (Robert Percival, June 10, 2014)
- Quick take: No preemption for state statutes of repose (Amy Howe, June 9, 2014)
- Argument analysis: Was Congress more "legally sophisticated" than the Justices when it overrode state limitations on lawsuits for toxic exposure? (Robert Percival, April 24, 2014)
- Argument preview: Law school clinic seeks to preserve day in court for victims of polluted well water (Robert Percival, April 22, 2014)
- Petition of the day (Mary Pat Dwyer, December 5, 2013)
| Date | Proceedings and Orders |
|---|---|
| 01/22/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 09/13/2013 | Petition for a writ of certiorari filed. (Response due October 18, 2013) |
| 10/03/2013 | Order extending time to file response to petition to and including November 18, 2013. |
| 11/14/2013 | Brief of respondents Peter Waldburger, et al. in opposition filed. |
| 11/25/2013 | Reply of petitioner CTS Corporation filed. |
| 12/04/2013 | DISTRIBUTED for Conference of January 10, 2014. |
| 01/10/2014 | Petition GRANTED. |
| 01/22/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 01/23/2014 | Motion to dispense with printing the joint appendix filed by petitioner CTS Corporation. |
| 02/11/2014 | SET FOR ARGUMENT ON Wednesday, April 23, 2014 |
| 02/14/2014 | Record received from U.S.D.C. Western District of North Carolina is electronic (Not on PACER). |
| 02/18/2014 | Record received from U.S.C.A. 4th Circuit. (1 - Envelope) |
| 02/24/2014 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 02/24/2014 | Brief of petitioner CTS Corporation filed. |
| 02/28/2014 | Brief amicus curiae of DRI - Voice of the Defense Bar filed. |
| 03/03/2014 | Brief amicus curiae of the United States filed. |
| 03/03/2014 | Brief amici curiae of American Chemistry Council, et al. filed. |
| 03/10/2014 | CIRCULATED. |
| 03/26/2014 | Brief of respondents Peter Waldburger, et al. filed. (Distributed) |
| 03/31/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 04/01/2014 | Brief amicus curiae of Natural Resources Defense Council filed. (Distributed) |
| 04/02/2014 | Brief amici curiae of Jerry Ensminger, et al. filed. (Distributed) |
| 04/02/2014 | Brief amici curiae of Environmental Law Professors filed. (Distributed) |
| 04/11/2014 | Reply of petitioner CTS Corporation filed. (Distributed) |
| 04/18/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 04/23/2014 | Argued. For petitioner: Brian J. Murray, Chicago, Ill.; and Joseph R. Palmore, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: John J. Korzen, Winston-Salem, N. C. |
| 06/09/2014 | Judgment REVERSED. Kennedy, J., delivered the opinion of the Court, except as to Part II-D. Sotomayor and Kagan, JJ., joined that opinion in full, and Roberts, C. J., and Scalia, Thomas, and Alito, JJ., joined as to all but Part II-D. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which Roberts, C. J., and Thomas and Alito, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, J., joined. |
| 07/02/2014 | Petition for Rehearing filed. |
| 07/17/2014 | DISTRIBUTED. |
| 08/11/2014 | Rehearing DENIED. |
| 08/11/2014 | JUDGMENT ISSUED. |
| 08/11/2014 | Record returned for U.S.C.A. 4th Circuit. |