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Case Profile

Docket Number17-1471
Full NameHome Depot U.S.A., Inc. v. George W. Jackson
Short NameHome Depot U.S.A., Inc. v. Jackson
PetitionerHome Depot U.S.A., Inc.
RespondentGeorge W. Jackson
Date Argued (Reargued)Jan. 15, 2019
Date DecidedMay 28, 2019

Question Presented

This action was commenced when Citibank, N.A. filed a routine state-court collection action against respondent George W. Jackson. Petitioner Home Depot U. S. A., Inc. was not a party to that action and never became a party to that collection dispute. Jackson then filed a counterclaim against Citibank asserting class-action consumer-protection claims. In addition to naming Citibank, Jackson named Home Depot and another company as original defendant to that counterclaim class action. The Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat. 4, permits "any defendant in a state-court class action to remove the action to federal court if it satisfies certain jurisdictional requirements. Petitioner Home Depot is an original defendant in the class action at issue here and was never a plaintiff in any claim associated with this case. The question presented is: Whether an original defendant to a class-action claim can remove the class action if it otherwise satisfies the jurisdictional requirements of the Class Action Fairness Act when the class action was originally asserted as a counterclaim against a co-defendant. 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?

Case Events

17 2018-11-28SET FOR ARGUMENT ON Tuesday, January 15, 2019
16 2018-11-16Brief amici curiae of Washington Legal Foundation, et al. filed.
15 2018-11-16Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
14 2018-11-16Amicus 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)
13 2018-11-15Brief amicus curiae of DRI-The Voice of the Defense Bar filed.
12 2018-11-09Joint appendix filed. (Statement of costs filed)
11 2018-11-09Brief of petitioner Home Depot U.S.A., Inc. filed.
10 2018-09-27Petition 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?
9 2018-07-11DISTRIBUTED for Conference of 9/24/2018.
8 2018-07-10Reply of petitioner Home Depot U.S.A., Inc. filed.
7 2018-06-25Brief of respondent George W. Jackson in opposition filed.
6 2018-05-25Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
5 2018-05-25Brief amici curiae of Retail Litigation Center, Inc. and Chamber of Commerce of the United States of America filed.
4 2018-05-22Brief amicus curiae of DRI-The Voice of the Defense Bar filed.
3 2018-05-18Motion to extend the time to file a response is granted and the time is extended to and including June 25, 2018.
2 2018-05-14Motion to extend the time to file a response from May 25, 2018 to June 25, 2018, submitted to The Clerk.
1 2018-04-23Petition for a writ of certiorari filed. (Response due May 25, 2018)

Case Counsels

NameParty NameDescriptionAddressPhoneType
Archis Ashok ParasharamiProduct Liability Advisory Council, Inc.Counsel of RecordMayer Brown LLP1999 K Street NWWashington, DC 20006aparasharami@mayerbrown.com202-263-3328other
Brian William WarwickGeorge W. JacksonCounsel of RecordVarnell & Warwick, P.A.P.O. Box 1870Lady Lake, FL 32158bwarwick@varnellandwarwick.com352-753-8600respondent
Laura Kathleen McNallyRetail Litigation Center, Inc. and Chamber of Commerce of the United States of AmericaCounsel of RecordLoeb & Loeb, LLP321 N. Clark St.Chicago, IL 60654lmcnally@loeb.com312-464-3155other
Lawrence S. EbnerDRI-The Voice of the Defense BarCounsel of RecordCapital Appellate Advocacy PLLC1701 Pennsylvania Ave NW, Suite 200Washington, DC 20006lawrence.ebner@capitalappellate.com202-729-6337other
Sarah E. HarringtonHome Depot U.S.A., Inc.Counsel of RecordGoldstein & Russell, P.C.7475 Wisconsin AvenueSuite 850Bethesda, MD 20814sharrington@goldsteinrussell.com202-362-0636petitioner
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