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Ross Harry Briggs v. Charles E. Rendlen, III, Judge, United States Bankruptcy Court for the Eastern District of Missouri

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 17-1143 · judgment April 25, 2018

Certiorari denied · November 5, 2018

Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a dissent in the court below (flagged in the petition).

Question presented

Whether a federal claim pending before an Article I bankruptcy judge and intertwined with the bankruptcy but resolvable outside the claims allowance process and not related to the restructuring of creditordebtor relations must be afforded the protections of Article III and resolved finally by an Article III judge.

Counsel of record

For petitioner
Michael Patrick Downey
Downey Law Group LLC

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

Nov 05 2018
Petition DENIED.
Oct 17 2018
DISTRIBUTED for Conference of 11/2/2018.
Oct 09 2018
Waiver of right of respondent Charles E. Rendlen, III to respond filed.
Aug 29 2018
Petition for a writ of certiorari filed. (Response due October 9, 2018)