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Brent Nicholson, et al. v. Thrifty Payless, Inc., et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-35180, 15-35242 · judgment June 28, 2017

Certiorari denied · March 5, 2018

Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and a Ninth Circuit decision below, and down for a business respondent.

Question presented

Courts of appeals are divided on the question presented in this case and left open in New Hampshire v. Maine; whether a debtor who has inadvertently failed to disclose the existence of a potential claim in a bankruptcy petition should be estopped from litigating that claim because she is attributed a presumption of deceit where she had knowledge of the facts that gave rise to the undisclosed claim without regard to her subjective intent.

Counsel of record

For petitioner
Taryn Marie Darling
Impact Law Group, PLLC

For respondent
Delbert Dwight Miller
Van Kampen & Crowe PLLC

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, March 5, 2018 · Certiorari denied

Proceedings

Mar 05 2018
Petition DENIED.
Feb 14 2018
DISTRIBUTED for Conference of 3/2/2018.
Feb 12 2018
Reply of petitioners Brent Nicholson, et al. filed. (Distributed)
Jan 25 2018
Brief of respondents Thrifty Payless, Inc., and Rite Aid Corporation in opposition filed.
Dec 12 2017
Motion to extend the time to file a response is granted and the time is extended to and including January 26, 2018
Dec 08 2017
Motion to extend the time to file a response from December 27, 2017 to January 26, 2018, submitted to The Clerk.
Nov 22 2017
Petition for a writ of certiorari filed. (Response due December 27, 2017)