In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.
Issue: Whether the Second Circuit erred by failing to apply as written a federal statute, 11 U.S.C. § 524(g)(4)(A)(ii), governing asbestos-related claims in chapter 11 bankruptcy proceedings, by construing the phrase “arises by reason of” as invoking only a legal standard rather than a factual inquiry, thereby limiting its scope in a manner that is contrary to its plain terms and that frustrates the congressional purposes of the statute.