No. 23-800

Niki-Alexander Shetty, et al. v. Thomas Block, et al.

Lower Court: Ninth Circuit
Docketed: 2024-01-24
Status: Denied
Type: Paid
Experienced Counsel
Tags: civil-procedure consumer-protection contract-law federal-courts rescission statute-of-limitations statutes-of-limitations statutory-construction tila-rescission truth-in-lending-act
Key Terms:
SocialSecurity Securities Immigration Trademark
Latest Conference: 2024-03-28
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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?

Docket Entries

2024-04-01
Petition DENIED.
2024-03-12
DISTRIBUTED for Conference of 3/28/2024.
2024-01-16
Petition for a writ of certiorari filed. (Response due February 23, 2024)

Attorneys

Niki-Alexander Shetty, et al.
David Glenn BakerLaw Office of David Glenn Baker, Petitioner
Sarah M. HarrisActing Solicitor General, Petitioner