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
Latest Conference: 2024-03-28
Question Presented (from Petition)

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?

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?

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