No. 18-1169
John Stephen Thorne v. Union Pacific Corporation, et al.
Response Waived
Tags: civil-procedure declaratory-judgment equitable-defense equitable-defenses equity judicial-remedy laches legal-claims limitations-period prejudice property-rights statute-of-limitations stock-ownership texas-law
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration LaborRelations
Environmental AdministrativeLaw SocialSecurity Securities Immigration LaborRelations
Latest Conference:
2019-04-12
Question Presented (AI Summary)
Applicability of laches to legal claims within statute of limitations period
Question Presented (OCR Extract)
QUESTION PRESENTED Thorne initiated a declaratory judgment action seeking inter alia declarations that he owned the stock certificate issued by a to Union Pacific and the current value of those shares. The District Court held that Thorne commenced his action within the 4-year limitations period established by the controlling Texas statute. This case presents the issue whether the equitable defense of laches (unreasonable, prejudicial delay in commencing suit) may be employed to bar relief on Thorne’s legal claims despite the action being commenced within the limitations period.
Docket Entries
2019-04-15
Petition DENIED.
2019-03-20
DISTRIBUTED for Conference of 4/12/2019.
2019-03-11
Waiver of right of respondent Union Pacific Railroad Company to respond filed.
2019-02-19
Petition for a writ of certiorari filed. (Response due April 8, 2019)
Attorneys
John Stephen Thorne
Ryan Grant Anderson — Law Offices of Ryan G. Anderson, PLLC, Petitioner
Union Pacific Railroad Company
J. Scott Ballenger — Latham & Watkins, Respondent