Truck Insurance Exchange v. Kaiser Gypsum Company, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-1079 | 4th Cir. | Mar 19, 2024 | Jun 6, 2024 | 8-0 | Sotomayor | OT 2023 |
Holding: An insurer with financial responsibility for bankruptcy claims is a "party in interest" under 11 U.S.C. " 1109(b) that "may raise and may appear and be heard on any issue" in a Chapter 11 case.
Judgment: Reversed and remanded, 8-0, in an opinion by Justice Sotomayor on June 6, 2024. Justice Alito took no part in the consideration or decision of the case.
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| Date | Proceedings and Orders |
|---|---|
| 05/03/2023 | Petition for a writ of certiorari filed. (Response due June 5, 2023) |
| 06/05/2023 | Brief amici curiae of Anthony J. Casey, et al. filed. |
| 06/21/2023 | DISTRIBUTED for Conference of 9/26/2023. |
| 07/07/2023 | Response Requested. (Due August 7, 2023) |
| 07/18/2023 | Motion to extend the time to file a response from August 7, 2023 to September 5, 2023, submitted to The Clerk. |
| 07/19/2023 | Motion to extend the time to file a response is granted and the time is extended to and including September 5, 2023, for all respondents. |
| 09/05/2023 | Brief of respondents Kaiser Gypsum Company, Inc., et al. in opposition filed. |
| 09/05/2023 | Brief of respondent Official Committee of Asbestos Personal Injury Claimants in opposition filed. |
| 09/19/2023 | Reply of petitioner Truck Insurance Exchange filed. (Distributed) |
| 09/20/2023 | DISTRIBUTED for Conference of 10/6/2023. |
| 10/10/2023 | DISTRIBUTED for Conference of 10/13/2023. |
| 10/13/2023 | Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition. |
| 11/16/2023 | Motion for an extension of time to file the briefs on the merits filed by petitioner. |
| 11/20/2023 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 7, 2023. The time to file respondents' brief on the merits is extended to and including January 17, 2024. |
| 12/07/2023 | Brief of petitioner Truck Insurance Exchange filed. |
| 12/07/2023 | Joint appendix (volumes I and II) filed. (Statement of costs filed) |
| 12/13/2023 | Brief amici curiae of Anthony J. Casey, et al. filed. |
| 12/14/2023 | Brief amici curiae of American Property Casualty Insurance Association, et al. filed. |
| 12/14/2023 | Brief amicus curiae of United States filed. |
| 01/02/2024 | Motion for a further extension of time to file respondents' brief on the merits filed. |
| 01/09/2024 | Motion to further extend the time to file respondents' brief on the merits granted and the time is extended to and including January 24, 2024. |
| 01/24/2024 | Brief of Debtor-side respondents filed. |
| 01/24/2024 | Brief of respondents Official Committee of Asbestos Personal Injury Claimants, et al. filed. |
| 01/29/2024 | SET FOR ARGUMENT on Tuesday, March 19, 2024. |
| 01/29/2024 | Record requested from the United States Court of Appeals for the Fourth Circuit. |
| 01/30/2024 | Motion for divided argument filed by respondents. |
| 01/31/2024 | Brief amicus curiae of United Policyholders filed. |
| 01/31/2024 | Brief amici curiae of Bankruptcy Experts filed. |
| 01/31/2024 | Brief amici curiae of Co-Chairs of The American Bankruptcy Institutes, et al. filed. |
| 01/31/2024 | Brief amicus curiae of American Association for Justice filed. |
| 01/31/2024 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 02/01/2024 | Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER. |
| 02/14/2024 | CIRCULATED |
| 02/20/2024 | Motion for divided argument filed by respondents GRANTED. Justice Alito took no part in the consideration or decision of this motion. |
| 02/20/2024 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Alito took no part in the consideration or decision of this motion. |
| 02/23/2024 | Reply of petitioner Truck Insurance Exchange filed. (Distributed) |
| 03/19/2024 | Argued. For petitioner: Allyson N. Ho, Dallas, Tex.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For debtor respondents: C. Kevin Marshall, Washington, D. C. For claimant respondents: David C. Frederick, Washington, D. C. |
| 03/19/2024 | Letter from the Solicitor General filed. |
| 06/06/2024 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-1079new_6536.pdf'>opinion</a> of the Court, in which all other Members joined, except Alito, J., who took no part in the consideration or decision of the case. |
| 07/08/2024 | Judgment Issued. |