Jesinoski v. Countrywide Home Loans, Inc.
Linked with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-684 | 8th Cir. | Nov 4, 2014 | Jan 13, 2015 | 9-0 | Scalia | OT 2014 |
Holding: A borrower exercising his right to rescind under the Truth in Lending Act need only provide written notice to his lender within the three-year period; the statute does not require him to file suit within that period.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Scalia on January 13, 2015.
SCOTUSblog Coverage
- Opinion analysis: Shortest opinion of the year explains TILA rescission right (Ronald Mann, January 13, 2015)
- View from the courtroom: Justice Scalia, a bit late to the stage (Mark Walsh, January 13, 2015)
- Argument analysis: It may take “Houdini” himself for lenders to escape with victory in TILA rescission dispute (Ronald Mann, November 5, 2014)
- Argument preview: High-powered counsel spar in Truth in Lending Act timeliness dispute (Ronald Mann, October 29, 2014)
- Detention challenge denied (Lyle Denniston, April 28, 2014)
- Petitions of the day (Maureen Johnston, April 16, 2014)
| Date | Proceedings and Orders |
|---|---|
| Dec 6 2013 | Petition for a writ of certiorari filed. (Response due January 6, 2014) |
| Jan 2 2014 | Order extending time to file response to petition to and including February 12, 2014. |
| Jan 23 2014 | Order extending time to file response to petition to and including March 14, 2014. |
| Mar 14 2014 | Response to petition from respondents Countrywide Home Loans, Inc., et al. filed. VIDED. |
| Apr 2 2014 | DISTRIBUTED for Conference of April 18, 2014. |
| Apr 2 2014 | Reply of petitioner Larry D. Jesinoski, and Cheryle Jesinoski filed. (Distributed) |
| Apr 21 2014 | DISTRIBUTED for Conference of April 25, 2014. |
| Apr 28 2014 | Petition GRANTED. |
| May 15 2014 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 15, 2014. |
| May 16 2014 | The time to file respondents' brief on the merits is extended to and including September 16, 2014. |
| Jul 15 2014 | Joint appendix filed. (Statement of costs filed) |
| Jul 15 2014 | Brief of petitioners Larry D. Jesinoski, et ux. filed. |
| Jul 15 2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| Jul 15 2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| Jul 22 2014 | Brief amicus curiae of the United States filed. |
| Jul 22 2014 | Brief amici curiae of AARP, et al. filed. |
| Jul 22 2014 | Brief amici curiae of States of New York, et al. filed. |
| Aug 21 2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Sep 4 2014 | SET FOR ARGUMENT on Tuesday, November 4, 2014. |
| Sep 8 2014 | Record requested from U.S.C.A. 8th Circuit. |
| Sep 15 2014 | Record received from U.S.C.A. 8th Circuit. 1-Box. |
| Sep 16 2014 | Brief of respondents Countrywide Home Loans, Inc., et al. filed. |
| Sep 17 2014 | Brief amici curiae of American Bankers Association, et al. filed. |
| Sep 19 2014 | CIRCULATED |
| Sep 23 2014 | Brief amicus curiae of Professor Richard R.W. Brooks filed. (Distributed) |
| Sep 23 2014 | Brief amicus curiae of Structured Finance Industry Group, Inc. filed. (Distributed) |
| Oct 14 2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 16 2014 | Reply of petitioners Larry D. Jesinoski, et ux. filed. (Distributed) |
| Nov 4 2014 | Argued. For petitioners: David C. Frederick, Washington, D. C.; and Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Seth P. Waxman, Washington, D. C. |
| Jan 13 2015 | Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion for a unanimous Court. |
| Feb 18 2015 | JUDGMENT ISSUED. |
| Feb 20 2015 | Record returned to U.S.C.A. 8th Circuit. 1 Box. |
