Decided

No. 09-520

CSX Transportation, Inc. v. Alabama Department of Revenue, et al.

from the United States Court of Appeals for the Eleventh Circuit

See other cases from the Eleventh Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Breyer, Alito, and Sotomayor, JJ., joined. Thomas, J. filed a dissenting opinion, in which Ginsburg, J., joined. (orders list)

Argued. For petitioner: Carter G. Phillips, Washington, D. C.; and Melissa A. Sherry, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Corey L. Maze, Solicitor Gen...

Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. (orders list)

Reply of petitioner CSX Transportation, Inc. filed. (Distributed)

Brief amici curiae of Alabama Education Association, et al. filed. (Distributed)

Brief amici curiae of Washington, et al. filed. (Distributed)

Brief amicus curiae of Multistate Tax Commission filed. (Distributed)

Brief amicus curiae of American Trucking Associations, Inc. filed. (Distributed)

Brief of respondents Alabama Department of Revenue filed. (Distributed)

Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Record for U.S.C.A. for 11th Circuit is electronic and available on PACER.

Record for U.S.D.C. for the district of Alabama is electronic and available on PACER.

SET FOR ARGUMENT ON Wednesday, November 10, 2010.

CIRCULATED.

Brief amicus curiae of United States filed.

Brief amicus curiae of Association of American Railroads filed. (Distributed)

Brief amicus curiae of Council on State Taxation filed. (Distributed)

Brief amicus curiae of Tax Foundation filed. (Distributed)

Brief of petitioner CSX Transportation, Inc. filed.

Joint appendix filed. (Statement of costs received).

The time within which to file respondents' brief on the merits is extended to and including September 27, 2010.

The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 12, 2010.

Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondent.

Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the petitioner.

Petition GRANTED limited to the following question: "Whether a State's exemptions of rail carrier competitors, but not rail carriers, from generally applicable sales and use taxes on fuel subject the taxes to challenge under 49 U. S. C. �11501(b)(4) (orders list)

Petition GRANTED limited to the following question: "Whether a State's exemptions of rail carrier competitors, but not rail carriers, from generally applicable sales and use taxes on fuel subject the taxes to challenge under 49 U. S. C. �11501(b)(4... (orders list)

DISTRIBUTED for Conference of June 10, 2010.

Supplemental brief of respondents Alabama Department of Revenue, et al. filed. (Distributed)

Reply of petitioner CSX Transportation, Inc. to brief amicus curiae of the United States filed.

Brief amicus curiae of United States filed.

The Solicitor General is invited to file a brief in this case expressing the views of the United States.

DISTRIBUTED for Conference of February 19, 2010.

Reply of petitioner CSX Transportation, Inc. filed.

Brief of respondents Alabama Department of Revenue, et al. in opposition filed.

Response Requested . (Due January 14, 2010)

DISTRIBUTED for Conference of January 8, 2010.

Waiver of right of respondents Alabama Department of Revenue, et al. to respond filed.

Petition for a writ of certiorari filed. (Response due November 30, 2009)

Parties

CSX Transportation, Inc., Petitioner, represented by Carter G. Phillips

Alabama Department of Revenue, Respondent, represented by Corey L. Maze

Amici Curiae

Alabama Education Association, et al., Amicus Curiae, represented by Susan E. Kennedy

American Trucking Associations, Inc., Amicus Curiae, represented by Robert Digges Jr.

Association of American Railroads, Amicus Curiae, represented by Betty Jo Christian

Council on State Taxation, Amicus Curiae, represented by Todd A. Lard

CSX Transportation, Inc. v. Alabama Department of Revenue, et al., Amicus Curiae, represented by Melissa Arbus Sherry

Multistate Tax Commission, Amicus Curiae, represented by Shirley K. Sicilian

Tax Foundation, Amicus Curiae, represented by James N. Markels

United States, Amicus Curiae, represented by Neal Kumar Katyal

Washington, et al., Amicus Curiae, represented by Donald F. Cofer

 
Last updated: April 15, 2011