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CTS Corp. v. Waldburger

Docket No.13-339
Op. Below4th Cir.
ArgumentApr 23, 2014
Vote7-2
AuthorAnthony McLeod Kennedy
OpinionJun 9, 2014
TermOctober Term 2013
SCOTUS PageOpinion

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 Anthony McLeod Kennedy on Jun 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.

Proceedings & orders timeline

Jan 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.
Sep 13, 2013
Petition for a writ of certiorari filed. (Response due October 18, 2013)
Oct 3, 2013
Order extending time to file response to petition to and including November 18, 2013.
Nov 14, 2013
Brief of respondents Peter Waldburger, et al. in opposition filed.
Nov 25, 2013
Reply of petitioner CTS Corporation filed.
Dec 4, 2013
DISTRIBUTED for Conference of January 10, 2014.
Jan 10, 2014
Petition GRANTED.
Jan 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.
Jan 23, 2014
Motion to dispense with printing the joint appendix filed by petitioner CTS Corporation.
Feb 11, 2014
SET FOR ARGUMENT ON Wednesday, April 23, 2014
Feb 14, 2014
Record received from U.S.D.C. Western District of North Carolina is electronic (Not on PACER).
Feb 18, 2014
Record received from U.S.C.A. 4th Circuit. (1 - Envelope)
Feb 24, 2014
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 24, 2014
Brief of petitioner CTS Corporation filed.
Feb 28, 2014
Brief amicus curiae of DRI - Voice of the Defense Bar filed.
Mar 3, 2014
Brief amicus curiae of the United States filed.
Mar 3, 2014
Brief amici curiae of American Chemistry Council, et al. filed.
Mar 10, 2014
CIRCULATED.
Mar 26, 2014
Brief of respondents Peter Waldburger, et al. filed. (Distributed)
Mar 31, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Apr 1, 2014
Brief amicus curiae of Natural Resources Defense Council filed. (Distributed)Apr 2, 2014
Brief amici curiae of Jerry Ensminger, et al. filed. (Distributed)Apr 2, 2014
Brief amici curiae of Environmental Law Professors filed. (Distributed)Apr 11, 2014
Reply of petitioner CTS Corporation filed. (Distributed)
Apr 18, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 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.
Jun 9, 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.
Jul 2, 2014
Petition for Rehearing filed.
Jul 17, 2014
DISTRIBUTED.
Aug 11, 2014
Rehearing DENIED.
Aug 11, 2014
JUDGMENT ISSUED.
Aug 11, 2014
Record returned for U.S.C.A. 4th Circuit.

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