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NexPoint Advisors, L.P. v. Highland Capital Management, L.P.

Petition for certiorari denied on July 2, 2024

Docket No. Op. Below Argument Opinion Vote Author Term
22-669 5th Cir. N/A N/A N/A N/A OT 2023

Issue: (1) Whether a bankruptcy court may exculpate third-party misconduct that falls short of gross negligence, on the theory that bankruptcy trustees have common-law immunity for such misconduct; and (2) whether a bankruptcy court may exculpate parties from ordinary post-bankruptcy business liabilities. CVSG: 10/19/2023

DateProceedings and Orders (key to color coding)
10/06/2022Application (22A303) to extend the time to file a petition for a writ of certiorari from December 6, 2022 to January 20, 2023, submitted to Justice Alito.
10/12/2022Application (22A303) granted by Justice Alito extending the time to file until January 5, 2023.
12/16/2022Application (22A303) to extend further the time from January 5, 2023 to January 16, 2023, submitted to Justice Alito.
12/21/2022Application (22A303) granted by Justice Alito extending the time to file until January 16, 2023.
01/16/2023Petition for a writ of certiorari filed. (Response due February 21, 2023)
02/21/2023Brief of respondent Highland Capital Management, L.P. in opposition filed.
03/06/2023Reply of petitioners NexPoint Advisors, L.P., et al. filed. (Distributed)
03/08/2023DISTRIBUTED for Conference of 3/24/2023.
03/20/2023Response Requested. (Due April 19, 2023)
04/11/2023Letter dated April 11, 2023 from counsel for respondents Highland Income Fund, et al. filed.
04/19/2023Response to petition from respondents The Dugaboy Investment Trust and Get Good Trust filed. VIDED.
04/21/2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
04/25/2023DISTRIBUTED for Conference of 5/11/2023.
05/15/2023The Solicitor General is invited to file a brief in this case expressing the views of the United States.
10/19/2023Brief amicus curiae of United States filed. VIDED.
11/06/2023Supplemental brief of petitioners NexPoint Advisors, L.P., et al. filed. VIDED. (Distributed)
11/08/2023DISTRIBUTED for Conference of 12/1/2023.
12/01/2023Rescheduled.
12/01/2023DISTRIBUTED for Conference of 12/8/2023.
06/28/2024DISTRIBUTED for Conference of 7/1/2024.
06/28/2024Supplemental brief of petitioners NexPoint Advisors, L.P., et al. filed. VIDED.
07/02/2024Petition DENIED.