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Calcutt v. Federal Deposit Insurance Corp.

Docket No. Op. Below Argument Opinion Vote Author Term
22-714 6th Cir. Not Argued May 22, 2023 TBD Per Curiam OT 2022

Holding: After determining that the Federal Deposit Insurance Corp. had made two legal errors in adjudicating petitioner"s case, the U.S. Court of Appeals for the 6th Circuit"s proper course was to remand the matter back to the FDIC for further consideration; the 6th Circuit erred by conducting its own review of the record and affirming the FDIC"s sanctions against petitioner based on a legal rationale different from the one adopted by the FDIC.

Judgment: Reversed and remanded in a per curiam opinion on May 22, 2023.

DateProceedings and Orders (key to color coding)
10/17/2022Application (22A330) to extend the time to file a petition for a writ of certiorari from December 14, 2022 to January 30, 2023, submitted to Justice Kavanaugh.
10/21/2022Application (22A330) granted by Justice Kavanaugh extending the time to file until January 30, 2023.
01/30/2023Petition for a writ of certiorari filed. (Response due March 3, 2023)
02/17/2023Motion to extend the time to file a response from March 3, 2023 to April 3, 2023, submitted to The Clerk.
02/21/2023Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2023.
02/24/2023Brief amicus curiae of Americans for Prosperity Foundation filed.
03/01/2023Brief amicus curiae of Washington Legal Foundation filed.
03/02/2023Brief amicus curiae of Separation of Powers Clinic filed.
03/03/2023Brief amicus curiae of The American Association of Bank Directors filed.
03/03/2023Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
03/03/2023Brief amicus curiae of New Civil Liberties Alliance filed.
04/03/2023Brief for the respondent Federal Deposit Insurance Corporation filed.
04/19/2023DISTRIBUTED for Conference of 5/11/2023.
04/19/2023Reply of petitioner Harry C. Calcutt filed. (Distributed)
05/15/2023DISTRIBUTED for Conference of 5/18/2023.
05/22/2023The petition for a writ of certiorari is granted limited to the first question presented. The judgment of the Court of Appeals for the Sixth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion. Opinion per curiam. (Detached Opinion)
06/23/2023Judgment issued.