Decided
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA
Holding
The Fair Debt Collection Practices act regulates the conduct of debt collectors. The statute provides a bona fide error defense for instances in which a debt collector violates the statute through a good faith mistake. The Court held, however, that ignorance of the law does not count as a good faith mistake under that defense.
Judgment
Reversed and remanded, 7-2, in an opinion by Sonia Sotomayor on Apr 21, 2010. Justice Breyer filed a concurring opinion, and Justice Scalia filed an opinion concurring in part and concurring in the judgment. Justice Kennedy dissented, joined by Justice Alito.
Merits Briefs
- Brief for Petitioner Karen L. Jerman
- Brief for Respondents Carlisle, McNellie, Rini, Kramer & Ulrich LPA
- Reply Brief for Petitioner Karen L. Jerman
Amicus Briefs
- Brief for the United States of America in Support of Petitioner
- Brief for Public Citizen, et al. in Support of Petitioner
- Brief for New York, et al. in Support of Petitioner
- Brief for ACA International in Support of Respondents
- Brief for American Legal and Financial Network (AFN) in Support of Respondents
- Brief for the California Association of Collectors in Support of Respondents
- Brief for the Commercial Law League of America and DBA International in Support of Respondents
- Brief for the Mississippi Creditors’ Attorneys Association in Support of Respondents
- Brief for the National Association of Retail Collection Attorneys in Support of Respondents
- Brief for the Ohio Creditor’s Attorneys Association and California Creditor’s Bar Association in Support of Respondents
- Brief for USFN – America’s Mortgage Banking Attorneys in Support of Respondents
- Brief for DRI – The Voice of the Defense Bar in Support of Respondents
[##CERT-STAGE##]
Feb 13, 2009Application (08A710) to extend the time to file a petition for a writ of certiorari from February 22, 2009 to March 25, 2009, submitted to Justice Stevens.
Feb 17, 2009Application (08A710) granted by Justice Stevens extending the time to file until March 25, 2009.
Mar 25, 2009Petition for a writ of certiorari filed. (Response due April 27, 2009)
Apr 24, 2009Waiver of right of respondents Carlisle, McNellie, Rini, Kramer & Ulrich LPA, et al. to respond filed.
May 5, 2009DISTRIBUTED for Conference of May 21, 2009.
May 7, 2009Response Requested . (Due June 8, 2009)
Jun 8, 2009Brief of respondents Carlisle, McNellie, Rini, Kramer & Ulrich LPA, et al. in opposition filed. (Distributed)
Jun 9, 2009DISTRIBUTED for Conference of June 25, 2009.
Jun 11, 2009Reply of petitioner Karen L. Jerman filed. (Distributed).
Jun 29, 2009Petition GRANTED.
Aug 4, 2009The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including September 21, 2009.
Aug 4, 2009The time within which to file respondents' brief on the merits is extended to and including November 23, 2009.
Aug 4, 2009Petitioner will file the reply brief on the merits on or before December 17, 2009.
Aug 6, 2009Consent to the filing of amicus curiae briefs in support of either party received from counsel for the petitioner.
Aug 13, 2009Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondents
Sep 4, 2009Motion to dispense with printing the joint appendix filed by petitioner Karen L. Jerman.
Sep 21, 2009Brief of petitioner Karen L. Jerman filed.
Sep 25, 2009Brief amicus curiae of United States filed.
Sep 28, 2009Brief amici curiae of Public Citizen, Inc., et al. filed.
Sep 28, 2009Brief amici curiae of New York, et al. filed.
Oct 5, 2009Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Nov 2, 2009SET FOR ARGUMENT ON Wednesday, January 13, 2010.
Nov 23, 2009CIRCULATED.
Nov 23, 2009Record received from the U.S.C.A. for Sixth Circuit. (1 binder)
Nov 23, 2009Brief of respondents Carlisle, McNellie, Rini, Kramer & Ulrich LPA, and Adrienne Foster filed. (Distributed)
Nov 25, 2009Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 25, 2009Brief amici curiae of Ohio Creditor's Attorneys Association, et al. filed. (Distributed)
Nov 30, 2009Brief amicus curiae of DRI - Voice of the Defense Bar filed. (Distributed)
Nov 30, 2009Brief amicus curiae of American Legal and Financial Network filed.
Nov 30, 2009Brief amicus curiae of USFN - America's Mortgage Banking Attorneys filed. (Distributed)
Nov 30, 2009Brief amicus curiae of California Association of Collectors filed. (Distributed)
Nov 30, 2009Brief amici curiae of Commercial Law League of America, and DBA International filed. (Distributed)
Nov 30, 2009Brief amicus curiae of ACA International filed. (Distributed)
Nov 30, 2009Brief amicus curiae of National Association of Retail Collection Attorneys filed. (Distributed)
Nov 30, 2009Brief amici curiae of Mississippi Creditors' Attorneys Association filed. (Distributed)
Dec 14, 2009Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 17, 2009Reply of petitioner Karen L. Jerman filed. (Distributed)
Jan 13, 2010Argued. For petitioner: Kevin K. Russell, Bethesda, MD.; and William M. Jay, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For respondents: George S. Coakley, Cleveland, Ohio.
Apr 21, 2010Judgment REVERSED and case REMANDED Sotomayor, J., delivered the opinion of the Court, in which Roberts, C.J., and Stevens, Thomas, Ginsburg, and Breyer, JJ., joined. Breyer, J., filed a concurring opinion. Scalia, J., filed an opinion concurring in part and concurring in the judgment. Kennedy, J., filed a dissenting opinion, in which Alito, J., joined.
May 24, 2010JUDGMENT ISSUED.
May 25, 2010Record returned to the U.S.C.A., Sixth Circuit. (1 envelope)
Recommended Citation: Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, SCOTUSblog, https://www.scotusblog.com/cases/jerman-v-carlisle-mcnellie-rini-kramer-ulrich-lpa/