Madigan v. Levin
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-872 | 7th Cir. | Oct 7, 2013 | Oct 15, 2013 | n/a | Per Curiam | OT 2013 |
Issue: Whether the Seventh Circuit erred in holding, in an acknowledged departure from the rule in at least four other circuits, that state and local government employees may avoid the federal Age Discrimination in Employment Act"s comprehensive remedial regime by bringing age discrimination claims directly under the Equal Protection Clause and 42 U.S.C. " 1983.
Judgment: The writ of certiorari is dismissed at improvidently granted in a per curiam opinion on October 15, 2013.
SCOTUSblog Coverage
- Academic highlight: Vladeck on pendent appellate jurisdiction (Amanda Frost, October 28, 2013)
- Age bias case dismissed (Lyle Denniston, October 15, 2013)
- Argument recap: A bad way to open a Term (Lyle Denniston, October 7, 2013)
- Argument preview: What's the remedy for age bias? (Lyle Denniston, October 3, 2013)
- Challenge to granted case (Lyle Denniston, August 13, 2013)
- Court grants three cases (FINAL UPDATE) (Lyle Denniston, March 18, 2013)
- Petition of the day (Mary Pat Dwyer, March 8, 2013)
| Date | Proceedings and Orders |
|---|---|
| 11/05/2012 | Application (12A455) to extend the time to file a petition for a writ of certiorari from November 15, 2012 to January 14, 2013, submitted to Justice Kagan. |
| 11/06/2012 | Application (12A455) granted by Justice Kagan extending the time to file until January 14, 2013. |
| 01/14/2013 | Petition for a writ of certiorari filed. (Response due February 15, 2013) |
| 02/15/2013 | Brief of respondent Harvey N. Levin in opposition filed. |
| 02/15/2013 | Brief amicus curiae of International Municipal Lawyers Association filed. |
| 02/15/2013 | Brief amici curiae of Michigan and Eleven Other States filed. |
| 02/27/2013 | DISTRIBUTED for Conference of March 15, 2013. |
| 02/27/2013 | Reply of petitioners Lisa Madigan, et al. filed. (Distributed) |
| 03/18/2013 | Petition GRANTED. |
| 04/09/2013 | Consent to the filing of amicus curiae briefs, in support of eitiher party or of neither party, received from counsel for the respondent. |
| 04/19/2013 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 3, 2013. |
| 04/19/2013 | The time to file respondent's brief on the merits is extended to and including August 2, 2013. |
| 05/29/2013 | Motion to dispense with printing the joint appendix filed by petitioner Lisa Madigan, et al. |
| 06/03/2013 | Brief of petitioners Lisa Madigan, et al. filed. |
| 06/06/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 06/10/2013 | Brief amici curiae of National School Boards Association, et al. filed. |
| 06/10/2013 | Brief amici curiae of Michigan and Twenty Other States filed. |
| 06/10/2013 | Brief amici curiae of International Municipal Lawyers Association, et al. filed. |
| 06/24/2013 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| 07/22/2013 | CIRCULATED. |
| 07/23/2013 | SET FOR ARGUMENT on Monday, October 7, 2013. |
| 08/02/2013 | Brief of respondent Harvey N. Levin filed. (Distributed) |
| 08/05/2013 | Brief amici curiae of Law Professors filed. (Distributed) |
| 08/09/2013 | Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed. (Distributed) |
| 08/09/2013 | Record from U.S.C.A. for 7th Circuit is electronic and is located on PACER. Record from U.S.D.C. for Northern District of Illinois is electronic and located on PACER. |
| 08/09/2013 | Brief amici curiae of AARP and National Senior Citizens Law Center filed. (Distributed) |
| 08/09/2013 | Brief amicus curiae of National Education Association filed. |
| 09/03/2013 | Reply of petitioners Lisa Madigan, et al. filed. (Distributed) |
| 10/07/2013 | Argued. For petitioners: Michael Scodro, Illinois Solicitor General, Chicago, Ill. For respondent: Edward R. Theobald, III, Chicago, Ill. |
| 10/15/2013 | Writ of certiorari DISMISSED as improvidently granted. Opinion per curiam. |
| 11/18/2013 | JUDGMENT ISSUED. |
Issue: Whether the Seventh Circuit erred in holding, in an acknowledged departure from the rule in at least four other circuits, that state and local government employees may avoid the federal Age Discrimination in Employment Act”s comprehensive remedial regime by bringing age discrimination claims directly under the Equal Protection Clause and 42 U.S.C. ” 1983.