Wellness International Network, Limited v. Sharif
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-935 | 7th Cir. | Jan 14, 2015 | May 26, 2015 | 6-3 | Sotomayor | OT 2014 |
Holding: Article III permits bankruptcy judges to adjudicate Stern claims with the parties’ knowing and voluntary consent.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Sotomayor on May 26, 2015. Justice Alito filed an opinion concurring in part and concurring in the judgement. Chief Justice Roberts filed a dissenting opinion, in which Justice Scalia joined and in which Justice Thomas joined as to Part I. Justice Thomas filed a dissenting opinion.
SCOTUSblog Coverage
- Commentary: Wellness after Stern (Daniel Bussel, May 28, 2015)
- Opinion analysis: Justices reaffirm authority of bankruptcy judges based on parties’ consent (Ronald Mann, May 27, 2015)
- Argument analysis: Justices searching for a clear rule to define bankruptcy jurisdiction (Ronald Mann, January 16, 2015)
- Argument preview: Justices hope third time is a charm as they try once again to explain Article III limitations on bankruptcy courts (Ronald Mann, January 13, 2015)
| Date | Proceedings and Orders |
|---|---|
| Dec 20 2013 | Application (13A648) to extend the time to file a petition for a writ of certiorari from January 5, 2014 to February 5, 2014, submitted to Justice Kagan. |
| Dec 20 2013 | Application (13A648) granted by Justice Kagan extending the time to file until February 5, 2014. |
| Feb 5 2014 | Petition for a writ of certiorari filed. (Response due March 7, 2014) |
| Mar 7 2014 | Brief of respondent Richard Sharif in opposition filed. |
| Mar 21 2014 | Reply of petitioners Wellness International Network, Limited, et al. filed. |
| Mar 26 2014 | DISTRIBUTED for Conference of April 18, 2014. |
| Jun 9 2014 | DISTRIBUTED for Conference of June 12, 2014. |
| Jun 16 2014 | DISTRIBUTED for Conference of June 19, 2014. |
| Jun 23 2014 | DISTRIBUTED for Conference of June 26, 2014. |
| Jun 30 2014 | DISTRIBUTED for Conference of June 30, 2014. |
| Jul 1 2014 | Petition GRANTED limited to Questions 1 and 3 presented by the petition. |
| Jul 14 2014 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 9, 2014. |
| Jul 14 2014 | The time to file respondent's brief on the merits is extended to and including November 19, 2014. |
| Sep 9 2014 | Joint appendix filed. (Statement of costs filed.) |
| Sep 9 2014 | Brief of petitioners Wellness International Network, Limited, et al. filed. |
| Sep 9 2014 | Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the respondent. |
| Sep 11 2014 | Brief amicus curiae of the United States filed. |
| Sep 16 2014 | Brief amicus curiae of American College of Bankruptcy filed. |
| Sep 16 2014 | Brief amicus curiae of Business Law Section of the Florida Bar in support of neither party filed. |
| Sep 16 2014 | Brief amicus curiae of National Association of Bankruptcy Trustees filed. |
| Sep 16 2014 | Brief amicus curiae of G. Eric Brunstad, Jr. filed. |
| Sep 16 2014 | Brief amicus curiae of American Bar Association filed. |
| Nov 7 2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Nov 19 2014 | Brief of respondent Richard Sharif filed. |
| Nov 19 2014 | Supplemental appendix of respondent filed. |
| Nov 21 2014 | SET FOR ARGUMENT ON Wednesday, January 14, 2015. |
| Nov 26 2014 | Brief amici curiae of Certain TOUSA Defendants filed. |
| Dec 2 2014 | CIRCULATED. |
| Dec 2 2014 | Record requested from U.S.C.A. 7th Circuit. |
| Dec 8 2014 | Record received from U.S.C.A. is electronic and located on PACER. |
| Dec 8 2014 | Record received from U.S.D.C. Northern District of Illinois, Eastern Division is electronic. |
| Dec 15 2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Dec 19 2014 | Reply of petitioners Wellness International Network, Limited, et al. filed. (Distributed) |
| Jan 14 2015 | Argued. For petitioners: Catherine Steege, Chicago, Ill.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Jonathan D. Hacker, Washington, D. C. |
| May 26 2015 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, and Kagan, JJ., joined, and in which Alito, J., joined in part. Alito, J., filed an opinion concurring in part and concurring in the judgment. Roberts, C. J., filed a dissenting opinion, in which Scalia, J., joined, and in which Thomas, J., joined as to Part I. Thomas, J., filed a dissenting opinion. |
| Jun 29 2015 | JUDGMENT ISSUED. |
