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Buckner v. United States Pipe & Foundry Co.

Petition for certiorari denied on June 26, 2023

Docket No. Op. Below Argument Opinion Vote Author Term
22-115 Bankr. M.D. Fla. N/A N/A N/A N/A OT 2022

Issue: (1) Whether the equitable right to compel a coal company covered by the Coal Industry Retiree Health Benefit Act of 1992 to maintain an individual employer plan is a dischargeable "claim" under 11 U.S.C. " 101(5)(B); and (2) whether the U.S. Court of Appeals for the 11th Circuit erred in holding that a covered company"s obligations under the Coal Act arose, once and for all time, when the act became law, such that a bankruptcy discharge relieves a company from its statutory obligations to maintain a plan and pay Coal Act premiums incurred after bankruptcy. CVSG: 5/23/2023

DateProceedings and Orders (key to color coding)
08/01/2022Petition for a writ of certiorari filed. (Response due September 6, 2022)
08/29/2022Waiver of right of respondent United States Pipe & Foundry Co., LLC, et al. to respond filed.
08/31/2022DISTRIBUTED for Conference of 9/28/2022.
09/07/2022Response Requested. (Due October 7, 2022)
09/13/2022Motion to extend the time to file a response from October 7, 2022 to November 7, 2022, submitted to The Clerk.
09/14/2022Motion to extend the time to file a response is granted and the time is extended to and including November 7, 2022.
11/07/2022Brief of respondents United States Pipe & Foundry Co., LLC, et al. in opposition filed.
11/21/2022Reply of petitioners Micheal W. Buckner, as Trustee of the United Mine Workers of America Combined Benefit Fund, et al. filed. (Distributed)
11/22/2022DISTRIBUTED for Conference of 12/9/2022.
12/12/2022The Solicitor General is invited to file a brief in this case expressing the views of the United States.
05/23/2023Brief amicus curiae of United States filed.
06/06/2023DISTRIBUTED for Conference of 6/22/2023.
06/06/2023Supplemental brief of petitioners Micheal W. Buckner, as Trustee of the United Mine Workers of America Combined Benefit Fund, et al. filed. (Distributed)
06/06/2023Supplemental brief of respondents United States Pipe & Foundry Co., LLC, et al. filed. (Distributed)
06/26/2023Petition DENIED.