Supreme Court of the United States · Official docket →
Callan Campbell, et al. v. United States
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-2014 · judgment August 1, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Federal Circuit concluded that “[i]n the case of a regulatory taking, . . . the taking may occur before the effect of the regulatory action is felt.” It held that the Government’s “final decision”—its submission of a proposed order to the bankruptcy court for approval— was an actionable taking. Consequently, the statute of limitations clock started ticking even “before . . . the actual damage to the property interest [was] entirely determinable.” The question presented is: Does the Tucker Act’s statute of limitations for a regulatory takings claim accrue when the Government makes a final decision, or when the plaintiff’s property rights are actually injured-in-fact as a result of that decision?
Counsel of record
For petitioner
Robert H. Thomas
Pacific Legal Foundation
For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP
Proceedings
- Oct 05 2020Motion for leave to file amicus brief filed by Center for Auto Safety GRANTED.
- Oct 05 2020Petition DENIED.
- Aug 26 2020DISTRIBUTED for Conference of 9/29/2020.
- Aug 25 2020Reply of petitioners Callan Campbell, et al. filed. (Distributed)
- Aug 11 2020Motion to delay distribution of the petition for a writ certiorari until August 26, 2020, granted.
- Aug 10 2020Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from August 12, 2020 to August 26, 2020, submitted to The Clerk.
- Jul 29 2020Brief of respondent United States in opposition filed.
- Jun 26 2020Motion to extend the time to file a response is granted and the time is further extended to and including July 29, 2020.
- Jun 24 2020Motion to extend the time to file a response from June 29, 2020 to July 29, 2020, submitted to The Clerk.
- May 29 2020Amicus brief of Center for Auto Safety not accepted for filing. (June 05, 2020)(Corrected version submitted)
- May 29 2020Motion for leave to file amicus brief filed by Center for Auto Safety. (6/8/2020)
- May 15 2020Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2020.
- May 14 2020Motion to extend the time to file a response from May 28, 2020 to June 29, 2020, submitted to The Clerk.
- Apr 20 2020Petition for a writ of certiorari filed. (Response due May 28, 2020)
- Feb 10 2020Application (19A890) granted by The Chief Justice extending the time to file until April 20, 2020.
- Feb 07 2020Application (19A890) to extend the time to file a petition for a writ of certiorari from February 20, 2020 to April 20, 2020, submitted to The Chief Justice.