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Decided

Astrue v. Ratliff

Docket No.08-1322
Op. Below8th Circuit
ArgumentFeb 22, 2010

Holding

When an individual sues the federal government and recovers attorney’s fees, the government can recoup some of those fees when the plaintiff owes the government money.

Judgment

Reversed and remanded, 9-0, in an opinion by Clarence Thomas on Jun 14, 2010. Justice Sotomayor filed a concurrence, joined by Justices Stevens and Ginsburg.

Proceedings & orders timeline

Feb 20, 2009
Application (08A734) to extend the time to file a petition for a writ of certiorari from March 5, 2009 to April 6, 2009, submitted to Justice Alito.
Feb 23, 2009
Application (08A734) granted by Justice Alito extending the time to file until April 6, 2009.
Mar 25, 2009
Application (08A734) to extend further the time from April 6, 2009 to May 4, 2009, submitted to Justice Alito.
Mar 26, 2009
Application (08A734) granted by Justice Alito extending the time to file until May 4, 2009.
Apr 28, 2009
Petition for a writ of certiorari filed. (Response due May 28, 2009)
Apr 30, 2009
Order extending time to file response to petition to and including June 29, 2009.
Jun 25, 2009
Brief of respondent Catherine G. Ratliff in opposition filed.
Aug 12, 2009
DISTRIBUTED for Conference of September 29, 2009.
Aug 13, 2009
Reply of petitioner Michael J. Astrue, Commissioner of Social Security filed. (Distributed)
Aug 24, 2009
Letter and attachment dated August 24, 2009, received from Solicitor General. (Distributed).
Sep 30, 2009
Petition GRANTED.
Oct 13, 2009
Motion to dispense with printing the joint appendix filed by petitioner.
Oct 22, 2009
Letter from counsel for respondent proposing to lodge copies of the Memorandum Opinion and Order in Kills Ree v. Barnhart.
Nov 2, 2009
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Nov 3, 2009
The time within which to file the joint appendix and petitioner's brief on the merits to and including November 20, 2009.
Nov 3, 2009
The time within which to file respondent's brief on the merits is extended to and including December 30, 3009.
Nov 20, 2009
Brief of petitioner Michael J. Astrue, Commissioner of Social Security filed.
Nov 30, 2009
SET FOR ARGUMENT ON Monday, February 22, 2010.
Nov 30, 2009
Letter from counsel for respondent regarding proposed lodging.
Dec 7, 2009
CIRCULATED.
Dec 24, 2009
The time within which to file respondent's brief on the merits is further extended to and including January 8, 2010.
Jan 8, 2010
Record received from U.S.C.A.for 8th Circuit. (1 envelope)
Jan 8, 2010
Brief of respondent Catherine G. Ratliff filed. (Distributed)
Jan 15, 2010
Brief amici curiae of National Organization of Social Security Claimants filed. (Distributed)
Feb 9, 2010
Reply of petitioner Michael J. Astrue, Commissioner of Social Security filed. (Distributed)
Feb 19, 2010
Record for U.S.D.C. for District of South Dakota is electronic.
Feb 22, 2010
Argued. For petititioner: Anthony Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: James D. Leach, Rapid City, S. D.
Jun 14, 2010
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Stevens and Ginsburg, JJ., joined.
Jul 16, 2010
JUDGMENT ISSUED.
Jul 16, 2010
Record returned tothe USCA for the Eighth Circuit. 1-envelope

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