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Marx v. General Revenue Corp.

Docket No.11-1175
Op. Below10th Cir.
ArgumentNov 7, 2012
Vote7-2
AuthorClarence Thomas
OpinionFeb 26, 2013
TermOctober Term 2012
SCOTUS PageOpinion

Holding

Under Federal Rule of Civil Procedure 54(d)(1), a prevailing defendant in a Fair Debt Collection Practices Act suit may be awarded costs when the lawsuit was not brought in bad faith and for the purpose of harassment.

Judgment

Affirmed, 7-2, in an opinion by Clarence Thomas on Feb 26, 2013. Justice Sotomayor filed a dissenting opinion, joined by Justice Kagan.

Holding: Under Federal Rule of Civil Procedure 54(d)(1), a prevailing defendant in a Fair Debt Collection Practices Act suit may be awarded costs when the lawsuit was not brought in bad faith and for the purpose of harassment.

Judgment:”Affirmed, 7-2, in an opinion by Justice Thomas on February 26, 2013. Justice Sotomayor filed a dissenting opinion, joined by Justice Kagan.

Proceedings & orders timeline

Mar 23, 2012
Petition for a writ of certiorari filed. (Response due April 27, 2012)
Apr 27, 2012
Brief amicus curiae of National Consumer Law Center filed.
Apr 27, 2012
Brief of respondent General Revenue Corporation in opposition filed.
May 3, 2012
Reply of petitioner Olivea Marx filed.
May 8, 2012
DISTRIBUTED for Conference of May 24, 2012.
May 29, 2012
Petition GRANTED limited to Question 1 presented by the petition.
May 30, 2012
The time to file the joint appendix and petitioner's brief on the merits is extended to and July 27, 2012.
May 30, 2012
The time to file respondent's brief on the merits is extended to and including September 10, 2012.
Jul 23, 2012
SET FOR ARGUMENT ON Wednesday, November 7, 2012
Jul 27, 2012
Joint appendix filed. (Statement of costs filed)
Jul 27, 2012
Brief of petitioner Olivea Marx filed.
Aug 1, 2012
Record received from U.S.C.A. for 10th Circuit. (1 box)
Aug 3, 2012
Brief amicus curiae of the United States filed.
Aug 3, 2012
Brief amici curiae of AARP, et al. filed.
Aug 6, 2012
Record from U.S.D.C. for District of Colorado is electronic.
Aug 24, 2012
CIRCULATED.
Sep 5, 2012
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 10, 2012
Brief of respondent General Revenue Corporation filed. (Distributed)Sep 17, 2012
Brief amicus curiae of ACA International filed. (Distributed)Sep 17, 2012
Brief amicus curiae of National Association of Retail Collection Attorneys filed. (Distributed)
Oct 9, 2012
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 10, 2012
Reply of petitioner Olivea Marx filed. (Distributed)Nov 7, 2012
Argued. For Allison M. Zieve, Washington, D. C.; and Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Lisa S. Blatt, Washington, D. C.
Feb 26, 2013
Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Ginsburg, Breyer, and Alito, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Kagan, J., joined.
Apr 1, 2013
JUDGMENT ISSUED.
Apr 17, 2013
Record returned to U.S.C.A. for Tenth Circuit.

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