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Argument sitting

December 2019 oral arguments

11 cases across 6 argument daysArguments begin at 10 a.m. Eastern

2 cases

2 cases

2 cases
DecidedIntel Corp. Investment Policy Comm. v. SulymaWhether the three-year limitations period in Section 413(2) of the Employee Retirement Income Security Act, 29 U.S.C. 1113(2), which runs from "the earliest date on which the plaintiff had actual knowledge of the breach or violation," bars suit where all of the relevant information was disclosed to the plaintiff by the defendants more than three years before the plaintiff filed the complaint, but the plaintiff chose not to read or could not recall having read the information.Decided18-1116DecidedBanister v. Davis1. WHETHER AND UNDER WHAT CIRCUMSTANCES A TIMELY RULE 59 (e) MOTION SHOULD BE RECHARACTERIZED AS A SECOND OR SUCCESSIVE HABEAS PETITION UNDER GONZALEZ v. CROSBY, 545 U.S. 524 (2005)? 2. In Gonzalez V. Crosby this Court held that a Rule 60(b) motion that either adds new habeas claim or attacks the court's previous resolution of the habeas claims, should be treated as a successive habeas petition under AEDPA's §2244. Does Gonzalez extend to post-judgment motions filed under Rule 59(e) of the Federal Rules of Civil Procedure? 3. If so, should a timely filed Rule 59(e) motion toll the the time to file a notice of appeal under Federal Rules of Appellate Procedure, Rule 4(a)(4)(A)(iv)? 4. Whether a pro se petitioner must be warned and given an opportunity to withdraw a post-judgment motion which has been recharacterized as a successive habeas petition if that recharacterization will effect his ability to file a timely notice of appeal?Decided18-6943

1 case

2 cases

2 cases