Supreme Court of the United States · Official docket →
Niki-Alexander Shetty, et al. v. Thomas Block, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-55138 · judgment August 22, 2023
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here and a Ninth Circuit decision below.
Question presented
The Truth-in-Lending Act, 15 U.S.C. § 1635 (or “TILA”), requires that a borrower tell a lender within three years of her intent to rescind the loan. Jesinoski v. Countrywide Home Loans, 574 U.S. 259, 260 (2015). But TILA provides no time limit for suing a creditor to enforce a timely rescission. The lower courts have imported state statutes of limitations to bar such claims. The question this case presents is: Can federal courts import state statutes of limitations to bar an action to enforce a timely TILA rescission when TILA itself has no such limitation period for such claims?
Counsel of record
For petitioner
David Glenn Baker
Law Office of David Glenn Baker
For respondent
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Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, April 1, 2024 · Certiorari denied
Proceedings
- Apr 01 2024Petition DENIED.
- Mar 12 2024DISTRIBUTED for Conference of 3/28/2024.
- Jan 16 2024Petition for a writ of certiorari filed. (Response due February 23, 2024)