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Noble Energy, Inc. v. ConocoPhillips Co.

Paid petition · Supreme Court of Texas, No. 15-502 · judgment June 23, 2017

Certiorari denied · October 1, 2018
Pre-decision estimate: 7% cert probability (95% interval 4%–11%)

Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Questions presented

  1. Whether a state court may impose onerous contractual obligations on a non-signatory to the contract by disregarding the full-disclosure requirements of federal bankruptcy law and foisting the undisclosed perpetual indemnity obligation of a Chapter 11 debtor upon an unknowing purchaser of related assets.

  2. Whether boilerplate “assumed-unless-rejected” language in a bankruptcy reorganization plan renders an undisclosed executory contract assumed under 11 U.S.C. §365.

Counsel of record

For petitioner
Paul D. Clement
Clement & Murphy, PLLC

For respondent
Macey Reasoner Stokes
Baker Botts L.L.P.

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
17A856

Proceedings

  1. Oct 01 2018
    Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
  2. Jul 03 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Jul 02 2018
    Reply of petitioner Noble Energy, Inc. filed.
  4. Jun 18 2018
    Brief of respondent ConocoPhillips Co. in opposition filed.
  5. May 14 2018
    Brief amicus curiae of Plains All American Pipeline, L.P. filed.
  6. Apr 30 2018
    Motion to extend the time to file a response is granted and the time is extended to and including June 18, 2018.
  7. Apr 27 2018
    Motion to extend the time to file a response from May 18, 2018 to June 18, 2018, submitted to The Clerk.
  8. Apr 16 2018
    Petition for a writ of certiorari filed. (Response due May 18, 2018)
  9. Feb 12 2018
    Application (17A856) granted by Justice Sotomayor extending the time to file until April 16, 2018.
  10. Feb 09 2018
    Application (17A856) to extend the time to file a petition for a writ of certiorari from March 15, 2018 to April 16, 2018, submitted to Justice Sotomayor. (Justice Alito is recused.)
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