| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-926 | 2nd Cir. | N/A | N/A | N/A | N/A | OT 2023 |
Issues: (1) Whether the lack of statutory and constitutional basis for the equitable mootness doctrine, combined with its demonstrated potential for abuse, requires it to be abolished; and (2) whether the U.S. Court of Appeals for the 2nd Circuit’s rule that an appeal from a substantially consummated bankruptcy plan is automatically equitably moot if the appellant did not pursue a stay, regardless of a stay’s availability or any other equitable factors, undermines any prudential purpose for the doctrine.
| Date | Proceedings and Orders |
|---|---|
| Mar 15 2023 | Petition for a writ of certiorari filed. (Response due April 24, 2023) |
| Mar 31 2023 | Motion to extend the time to file a response from April 24, 2023 to May 24, 2023, submitted to The Clerk. |
| Apr 04 2023 | Motion to extend the time to file a response is granted and the time is extended to and including May 24, 2023, for all respondents. |
| Apr 18 2023 | Brief amici curiae of A Group of Bankruptcy Law Professors filed. |
| May 24 2023 | Brief of respondent Elliott Investment Management L.P. in opposition filed. |
| May 24 2023 | Brief of respondent Windstream Holdings, Inc. in opposition filed. |
| Jun 09 2023 | Reply of petitioner U.S. Bank National Association filed. |
| Jun 14 2023 | DISTRIBUTED for Conference of 9/26/2023. |
| Oct 02 2023 | Petition DENIED. |
