| No. 17-419 | |
| Title: | James Dawson, et ux., Petitioners v. Dale W. Steager, West Virginia State Tax Commissioner |
| Docketed: | September 19, 2017 |
| Linked with 17A159 | |
| Lower Ct: | Supreme Court of Appeals of West Virginia |
| Case Numbers: | (16-0441) |
| Decision Date: | May 17, 2017 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Aug 07 2017 | Application (17A159) to extend the time to file a petition for a writ of certiorari from August 15, 2017 to October 13, 2017, submitted to The Chief Justice. |
| Aug 09 2017 | Application (17A159) granted by The Chief Justice extending the time to file until September 9, 2017. |
| Aug 25 2017 | Application (17A159) to extend further the time from September 9, 2017 to September 25, 2017, submitted to The Chief Justice. |
| Aug 29 2017 | Application (17A159) granted by The Chief Justice extending the time to file until September 19, 2017. No further extensions will be granted. |
| Sep 19 2017 | Petition for a writ of certiorari filed. (Response due October 19, 2017) |
| Oct 05 2017 | Order extending time to file response to petition to and including November 20, 2017. |
| Nov 20 2017 | Brief of respondent Dale Steager, WV State Tax Comm'r in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 05 2017 | Reply of petitioner James Dawson filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 06 2017 | DISTRIBUTED for Conference of 1/5/2018. |
| Jan 08 2018 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| May 15 2018 | Brief amicus curiae of United States filed. |
| Certificate of Word CountMain Document | |
| May 29 2018 | DISTRIBUTED for Conference of 6/14/2018. |
| May 29 2018 | Supplemental brief of respondent Dale Steager, WV State Tax Commissioner filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 18 2018 | DISTRIBUTED for Conference of 6/21/2018. |
| Jun 25 2018 | Petition GRANTED limited to the question presented by the Solicitor General in his brief for the United States as amicus curiae. |
| Jul 17 2018 | Letter re Briefing Schedule of James Dawson not accepted for filing. (Corrected letter to be submitted - July 23, 2018) |
| Jul 24 2018 | Motion for an extension of time to file the opening briefs on the merits filed. |
| Main Document | |
| Jul 27 2018 | Motion for an extension of time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 28, 2018. The time to file respondent's brief on the merits is extended to and including October 16, 2018. |
| Aug 28 2018 | Brief of petitioner James Dawson filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 28 2018 | Joint appendix filed. (Statement of costs filed) |
| Main Document | |
| Aug 29 2018 | Blanket Consent filed by Petitioner, James Dawson |
| Blanket Consent | |
| Aug 31 2018 | Blanket Consent filed by Respondent, Dale Steager, WV State Tax Commissioner |
| Blanket Consent | |
| Sep 04 2018 | Brief amicus curiae of United States filed. |
| Certificate of Word CountMain Document | |
| Sep 04 2018 | Brief amicus curiae of NARFE filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 27 2018 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Proof of ServiceMain Document | |
| Oct 09 2018 | SET FOR ARGUMENT ON Monday, December 3, 2018 |
| Oct 09 2018 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion. |
| Oct 15 2018 | Record requested from the Supreme Court of West Virginia. |
| Oct 16 2018 | Brief of respondent Dale Steager, WV State Tax Commissioner filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 19 2018 | CIRCULATED |
| Nov 06 2018 | Record received from the Supreme Court of West Virginia is complete. (1 Box) |
| Nov 15 2018 | Reply of petitioner James Dawson filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 03 2018 | Argued. For petitioners: Lawrence D. Rosenberg, Washington, D. C.; and Michael R. Huston, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Lindsay S. See, West Virginia Solicitor General, Charleston, W. Va. |
| Feb 20 2019 | Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion for a unanimous Court. |
| Mar 25 2019 | MANDATE ISSUED. |
| Mar 25 2019 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Lawrence David Rosenberg Counsel of Record | Jones Day 51 Louisiana Avenue, NW Washington, DC 20001-2113 ldrosenberg@jonesday.com | (202) 879-3939 |
| Party name: James Dawson | ||
| Attorneys for Respondent | ||
| Lindsay Sara See Counsel of Record | Office of the West Virginia Attorney General 1900 Kanawha Blvd E, Bldg 1 Rm 26E Charleston, WV 25305 lindsay.s.see@wvago.gov | 3045582021 |
| Party name: Dale Steager, WV State Tax Commissioner | ||
| Other | ||
| Jeffrey Bryan Wall Counsel of Record | Acting Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 charlene.w.goodwin@usdoj.gov | 202-514-2217 |
| Party name: United States | ||
| Michael A. Vatis Counsel of Record | Steptoe & Johnson LLP 1114 Avenue of the Americas New York, NY 10036 mvatis@steptoe.com | 2125063900 |
| Party name: Narfe | ||