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Executive Benefits Insurance Agency v. Arkison

Docket No. Op. Below Argument Opinion Vote Author Term
12-1200 9th Cir. Jan 14, 2014
Tr.Aud.
TBD TBD TBD OT 2013

Issue: (1) Whether Article III permits the exercise of the judicial power of the United States by bankruptcy courts on the basis of litigant consent, and, if so, whether "implied consent" based on a litigant’s conduct, where the statutory scheme provides the litigant no notice that its consent is required, is sufficient to satisfy Article III; and (2) whether a bankruptcy judge may submit proposed findings of fact and conclusions of law for de novo review by a district court in a “core” proceeding under 28 U.S.C. 157(b).

SCOTUSblog Coverage

DateProceedings and Orders
Feb 22 2013Application (12A831) to extend the time to file a petition for a writ of certiorari from March 4, 2013 to April 3, 2013, submitted to Justice Kennedy.
Mar 1 2013Application (12A831) granted by Justice Kennedy extending the time to file until April 3, 2013.
Apr 3 2013Petition for a writ of certiorari filed. (Response due May 3, 2013)
May 3 2013Order extending time to file response to petition to and including May 20, 2013.
May 20 2013Brief of respondents Peter H. Arkison, Chapter 7 Trustee of the Estate of Bellingham Insurance Agency, Inc. in opposition filed.
Jun 3 2013Reply of petitioner Executive Benefits Insurance Agency filed.
Jun 4 2013DISTRIBUTED for Conference of June 20, 2013.
Jun 24 2013Petition GRANTED.
Jul 10 2013The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 9, 2013.
Jul 22 2013The time to file respondent's brief on the merits is extended to and including November 8, 2013.
Aug 27 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Aug 27 2013Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner.
Sep 9 2013Joint appendix filed. (Statement of costs received.)
Sep 9 2013Brief of petitioner Executive Benefits Insurance Agency filed.
Sep 16 2013Brief amici curiae of Robert R. McCormick Foundation, et al. filed.
Sep 16 2013Brief amicus curiae of NVIDIA Corporation in support of neither party filed.
Sep 16 2013Brief amici curiae of Certain Tousa Defendants filed.
Sep 16 2013Brief amicus curiae of Business Law Section of the Florida Bar in support of neither party filed.
Sep 16 2013Brief amicus curiae of Kerr-McGee Corporation filed.
Nov 4 2013SET FOR ARGUMENT ON Tuesday, Jaunuary 14, 2014.
Nov 5 2013CIRCULATED
Nov 8 2013Brief of respondent Peter H. Arkison, Chapter 7 Trustee of the Estate of Bellingham Insurance Agency, Inc. filed. (Distributed)
Nov 12 2013Brief amici curiae of Professors Richard Aaron, et al. filed. (Distributed)
Nov 14 2013Brief amicus curiae of National Association of Chapter Thirteen Trustees filed. (Distributed)
Nov 15 2013Brief amicus curiae of Irving H. Picard, as Trustee of the Substantively Consolidated Estate of Bernard L. Madoff Investment Securities LLC and Bernard L. Madoff filed. (Distributed)
Nov 15 2013Brief amicus curiae of TOUSA Liquidation Trustee filed.
Nov 15 2013Brief amicus curiae of National Association of Bankruptcy Trustees filed. (Distributed)
Nov 15 2013Brief amicus curiae of Professors S. Todd Brown, et al. filed. (Distributed)
Nov 15 2013Brief amicus curiae of Commercial Law League of America filed. (Distributed)
Nov 15 2013Brief amici curiae of States of New Hampshire, et al. filed. (Distributed)
Nov 15 2013Brief amicus curiae of American College of Bankruptcy filed. (Distributed)
Nov 15 2013Brief amicus curiae of the United States filed. (Distributed)
Nov 15 2013Brief amicus curiae of American Bar Association filed. (Distributed)
Nov 15 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 19 2013Record from the U.S.C.A. 9th Circuit is electronic and located on PACER. Record from the U.S.D.C. for Western District of Washington is also electronic and located on PACER.
Dec 9 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 9 2013Reply of petitioner Executive Benefits Insurance Agency filed. (Distributed)
Jan 14 2014Argued. For petitioner: Douglas Hallward-Driemeier, Washington, D. C. For respondent: John Pottow, Ann Arbor, Mich.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
 
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