Supreme Court of the United States · Official docket →
SGK Properties, L.L.C., et al. v. U.S. Bank National Association, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-20130 · judgment February 9, 2018
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a business petitioner, and down for a business respondent.
Questions presented
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Should the Court resolve the split of authority among the Circuits about whether and when the citizenship of constituent members of an unincorporated business trust determines federal diversity jurisdiction under 28 U.S.C. § 1332(a)(1)?
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Should the Court resolve the confusion among the federal district courts of Texas about how to determine whether a trustee, or the trust itself, is the real party in interest rather than a nominal or formal one for purposes of determining federal diversity jurisdiction?
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Should the Court clarify further the meaning and intent of its decision in Americold Realty Trust v. Conagra Foods, Inc., 577 U.S. ___; 136 S. Ct. 1012 (2016)?
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Texas law holds that a void special endorsement in a note’s chain of endorsements deprives the eventual possessor of the note the status of a holder or even an owner who can enforce its obligations. Does the federal courts’ refusal to give this Texas law the adjudicative force it deserves subvert the principles of comity and federalism for which Erie R. Co. v. Tompkins, 304 U.S. 65
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stands?
Counsel of record
For petitioner
Gary P. Katz
Katz Law Group, LLC
For respondent
Brian David Schmalzbach
McGuireWoods LLP
Proceedings
- Oct 01 2018Petition DENIED.
- Aug 22 2018DISTRIBUTED for Conference of 9/24/2018.
- Aug 17 2018Waiver of right of respondents U.S. National Bank Association, et al. to respond filed.
- Aug 06 2018Petition for a writ of certiorari filed. (Response due September 10, 2018)
- Jul 06 2018Application (17A1418) granted by Justice Alito extending the time to file until August 4, 2018.
- Jun 20 2018Application (17A1418) to extend the time to file a petition for a writ of certiorari from July 5, 2018 to August 4, 2018, submitted to Justice Alito.