Home Depot U.S.A. Inc. v. Jackson

Docket No.	Argument	Opinion	Vote	Author	Term
17-1471	Jan 15, 2019	May 28, 2019	5-4	Thomas	OT 2018

Holding: Neither the general removal provision, 28 U.S.C. §1441(a), nor the removal provision in the Class Action Fairness Act of 2005, "1453(b), permit a third-party counterclaim defendant to remove a class-action claim from state to federal court.

Judgment: Affirmed, 5-4, in an opinion by Justice Thomas on May 28, 2019. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justices Gorsuch and Kavanaugh joined.

SCOTUSblog Coverage

Opinion analysis: Divided bench limits removal of class actions (Ronald Mann, May 29, 2019)
A "view" from the courtroom: Running hot and cold (Mark Walsh, May 28, 2019)
OT2018 #15: "Second Best Opinion" (First Mondays, January 21, 2019)
Argument analysis: Justices have strong views about removal of class actions (Ronald Mann, January 17, 2019)
Argument preview: Justices to consider removal of class actions to federal court (Ronald Mann, January 8, 2019)
Petition of the day (Aurora Barnes, May 18, 2018)

Date	Proceedings and Orders (key to color coding)
04/23/2018	Petition for a writ of certiorari filed. (Response due May 25, 2018)
05/14/2018	Motion to extend the time to file a response from May 25, 2018 to June 25, 2018, submitted to The Clerk.
05/18/2018	Motion to extend the time to file a response is granted and the time is extended to and including June 25, 2018.
05/22/2018	Brief amicus curiae of DRI-The Voice of the Defense Bar filed.
05/25/2018	Brief amici curiae of Retail Litigation Center, Inc. and Chamber of Commerce of the United States of America filed.
05/25/2018	Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
06/25/2018	Brief of respondent George W. Jackson in opposition filed.
07/10/2018	Reply of petitioner Home Depot U.S.A., Inc. filed.
07/11/2018	DISTRIBUTED for Conference of 9/24/2018.
09/27/2018	Petition GRANTED. In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Should this Court's holding in Shamrock Oil & Gas Corp. v. Sheets, 313 U. S. 100 (1941)—that an original plaintiff may not remove a counterclaim against it—extend to third-party counterclaim defendants?
11/09/2018	Brief of petitioner Home Depot U.S.A., Inc. filed.
11/09/2018	Joint appendix filed. (Statement of costs filed)
11/15/2018	Brief amicus curiae of DRI-The Voice of the Defense Bar filed.
11/16/2018	Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
11/16/2018	Amicus brief of Retail Litigation Center, Inc. and Chamber of Commerce of the United States of America not accepted for filing. (November 16, 2018) (Duplicate submission)
11/16/2018	Brief amici curiae of Washington Legal Foundation, et al. filed.
11/28/2018	SET FOR ARGUMENT ON Tuesday, January 15, 2019
11/30/2018	CIRCULATED
12/10/2018	Brief of respondent George W. Jackson filed. (Distributed)
12/11/2018	Record requested from the U.S.C.A. 4th Circuit.
12/11/2018	Record from the U.S.C.A. 4th Circuit is electronic and located on PACER.
12/13/2018	Record from the U.S.D.C. Western District of North Carolina is electronic and located on PACER. The record is complete.
12/17/2018	Brief amicus curiae of American Association for Justice filed. (Distributed)
12/17/2018	Brief amicus curiae of The National Consumer Law Center filed. (Distributed)
01/08/2019	Reply of petitioner Home Depot U.S.A., Inc. filed. (Distributed)
01/15/2019	Argued. For petitioner: William P. Barnette, Atlanta, Ga. For respondent: F. Paul Bland, Washington, D. C.
05/28/2019	Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Gorsuch and Kavanaugh, JJ., joined.
06/21/2019	Petition for Rehearing filed.
07/11/2019	DISTRIBUTED.
08/05/2019	Rehearing DENIED.
08/05/2019	JUDGMENT ISSUED.