The Supreme Court - February 25, 2019

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Today, the Supreme Court issued one decision:

Yovino v. Rizo, No. 18-272:  Eleven days after Judge Stephen Reinhardt passed away, the Ninth Circuit filed an en banc decision listing Judge Reinhardt as the author of the majority opinion.  The en banc panel would have been evenly divided without Judge Reinhardt’s vote.  Today, the Supreme Court reversed and remanded.  The Court held that, because Judge Reinhardt was no longer a judge at the time the opinion was filed, the Ninth Circuit erred in counting him as a member of the majority.

The Court's decision is available here.

The Supreme Court also granted certiorari in the following case:

Rotkiske v. Klemm, No. 18-328:  Whether the “discovery rule” applies to toll the one year statute of limitations under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq., as the Fourth and Ninth Circuits have held, but the Third Circuit in this case held to the contrary.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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