Marx v. General Revenue Corp.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-1175 | 10th Cir. | Nov 7, 2012 | Feb 26, 2013 | 7-2 | Thomas | OT 2012 |
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.
SCOTUSblog Coverage
- Opinion analysis: Court holds losers responsible for costs of debt-collection disputes. (Ronald Mann, February 28, 2013)
- Argument recap: Court mulls statutory construction in dispute over costs of litigation (Ronald Mann, November 15, 2012)
- Argument preview: Court considers litigation expenses in debt-collection disputes (Ronald Mann, October 30, 2012)
| Date | Proceedings and Orders |
|---|---|
| 03/23/2012 | Petition for a writ of certiorari filed. (Response due April 27, 2012) |
| 04/27/2012 | Brief amicus curiae of National Consumer Law Center filed. |
| 04/27/2012 | Brief of respondent General Revenue Corporation in opposition filed. |
| 05/03/2012 | Reply of petitioner Olivea Marx filed. |
| 05/08/2012 | DISTRIBUTED for Conference of May 24, 2012. |
| 05/29/2012 | Petition GRANTED limited to Question 1 presented by the petition. |
| 05/30/2012 | The time to file the joint appendix and petitioner's brief on the merits is extended to and July 27, 2012. |
| 05/30/2012 | The time to file respondent's brief on the merits is extended to and including September 10, 2012. |
| 07/23/2012 | SET FOR ARGUMENT ON Wednesday, November 7, 2012 |
| 07/27/2012 | Joint appendix filed. (Statement of costs filed) |
| 07/27/2012 | Brief of petitioner Olivea Marx filed. |
| 08/01/2012 | Record received from U.S.C.A. for 10th Circuit. (1 box) |
| 08/03/2012 | Brief amicus curiae of the United States filed. |
| 08/03/2012 | Brief amici curiae of AARP, et al. filed. |
| 08/06/2012 | Record from U.S.D.C. for District of Colorado is electronic. |
| 08/24/2012 | CIRCULATED. |
| 09/05/2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 09/10/2012 | Brief of respondent General Revenue Corporation filed. (Distributed) |
| 09/17/2012 | Brief amicus curiae of ACA International filed. (Distributed) |
| 09/17/2012 | Brief amicus curiae of National Association of Retail Collection Attorneys filed. (Distributed) |
| 10/09/2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/10/2012 | Reply of petitioner Olivea Marx filed. (Distributed) |
| 11/07/2012 | 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. |
| 02/26/2013 | 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. |
| 04/01/2013 | JUDGMENT ISSUED. |
| 04/17/2013 | Record returned to U.S.C.A. for Tenth Circuit. |
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.