Mims v. Arrow Financial Services, LLC

Submitted by site_nclc_kaufman_d on Fri, 2011-07-01 12:14

Case Details

Status: Decided

Docket No: 10-1195

NCLC Involvement: None

Solicitor General Involvement: None

Issue: Jurisdiction & Procedure

Sub-Issue:

Industry: Technology

Sub-Industry: Telecommunications

SUPREME COURT CASES RELATED BY THIS ISSUE

Term: 2011 Term

Oral Argument Date: November 28, 2011

Vote: 9-0

Opinion: Ginsburg

Lower Court: United States Court of Appeals for the Eleventh Circuit

Question(s) Presented

Did Congress divest the federal district courts of their federal-question jurisdiction under 28 U.S.C. § 1331 over private actions brought under the Telephone Consumer Protection Act?

Case Outcome

The court held that the Telephone Consumer Protection Act’s permissive grant of jurisdiction to state courts does not deprive the U. S. district courts of federal-question jurisdiction over private TCPA suits.

Justices in Majority

Alito

Breyer

Ginsburg

Kagan

Kennedy

O'Connor

Roberts

Scalia

Sotomayor

Procedural History

Cert. granted 6/27/11. Decided 1/18/12.