H/T Public Citizen–
The Supreme Court held oral argument yesterday in Jesinoski v. Countrywide Home Loan, a case potentially important to consumers and their advocates. The question presented is
Does a borrower exercise his right to rescind a transaction in satisfaction of the requirements of Section 1635 [of the Truth in Lending Act] by “notifying the creditor” in writing within three years of the consummation of the transaction, as the Third, Fourth, and Eleventh Circuits have held, or must a borrower file a lawsuit within three years of the consummation of the transaction, as the First, Sixth, Eighth, Ninth, and Tenth Circuits have held?
Go here to read the oral argument transcript, and note that on page 50 Justice Sotomayor talks about how issues in the case might have worked out with respect to her own loans.
Via Scotus Blog–
| 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 | Brief of respondents Countrywide Home Loans, Inc., et al. in opposition 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. |
