Decided

No. 13-553

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

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. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Ginsburg, J., joined.

Argued. For petitioners: Andrew L. Brasher, Solicitor General, Montgomery, Ala. For United States, as amicus curiae: Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Carter G. Phillips, Washington, D. C.

Reply of petitioners Alabama Department of Revenue, et al. filed. (Distributed)

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

CIRCULATED.

Brief amicus curiae of Tax Foundation filed.

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

Brief amicus curiae of Council on State Taxation filed.

Brief of respondent CSX Transportation, Inc. filed.

Record received from U.S.D.C. Northern District of Alabama. The record is electronic and located on PACER.

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

Record requested from U.S.C.A. 11th Circuit.

Brief amicus curiae of American Trucking Associations, Inc. filed.

Brief amici curiae of State & Local Government Organizations filed.

Brief amici curiae of States of Tennessee, et al. filed.

Brief amici curiae of Alabama Cities and Counties, City of Mobile, et al. filed.

Brief amicus curiae of Multistate Tax Commission filed.

Brief amicus curiae of the United States in support of neither party filed.

Joint appendix filed. (Statement of costs filed)

Brief of petitioners Alabama Department of Revenue, et al. filed.

SET FOR ARGUMENT on Tuesday, December 9, 2014.

The time to file respondent's brief on the merits is extended to and including October 29, 2014.

The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 9, 2014.

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

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

Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether, in resolving a claim of unlawful tax discrimination under 49 U.S.C. �11501(b)(4), a court should consider other aspects of the State's tax scheme rather than focusing solely on the challenged tax provision.

DISTRIBUTED for Conference of June 30, 2014.

DISTRIBUTED for Conference of June 26, 2014.

Supplemental brief of respondent CSX Transportation, Inc. filed.

Supplemental brief of petitioners Alabama Department of Revenue, et al. 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 January 24, 2014.

DISTRIBUTED for Conference of January 17, 2014.

Reply of petitioners Alabama Department of Revenue, et al. filed.

Brief of respondent CSX Transportation, Inc. in opposition filed.

Brief amicus curiae of American Trucking Associations, Inc. filed.

Brief amicus curiae of Multistate Tax Commission filed.

Order extending time to file response to petition to and including December 16, 2013.

Petition for a writ of certiorari filed. (Response due December 2, 2013)

Application (13A275) granted by Justice Thomas extending the time to file until October 30, 2013.

Application (13A275) to extend the time to file a petition for a writ of certiorari from September 29, 2013 to October 30, 2013, submitted to Justice Thomas.

Parties

Alabama Department of Revenue, et al., Petitioner, represented by Andrew L. Brasher

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

CSX Transportation, Inc., Respondent, represented by James Wylie McBride

Amici Curiae

Alabama Cities and Counties, City of Mobile, et al., Amicus Curiae, represented by Florence A. Kessler

American Trucking Associations, Inc., Amicus Curiae, represented by Richard Pianka

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

Council on State Taxation, Amicus Curiae, represented by Karl A. Frieden

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

Multistate Tax Commission, Amicus Curiae, represented by Helen Hecht

State & Local Government Organizations, Amicus Curiae, represented by Sarah M. Shalf

States of Tennessee, et al., Amicus Curiae, represented by Joseph F. Whalen

Tax Foundation, Amicus Curiae, represented by Walter Hellerstein

the United States in support of neither party, Amicus Curiae, represented by Donald B. Verrilli Jr.

United States, Amicus Curiae, represented by Elaine J. Goldenberg

 
Last updated: February 16, 2016