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ISL Loan Trust, et al. v. Millennium Lab Holdings II, LLC, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-3210 · judgment December 19, 2019


Certiorari denied · May 26, 2020
Pre-decision estimate: 8% cert probability (95% interval 5%–13%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

I. Whether a bankruptcy court has authority, under Article III of the Constitution and this Court’s decision in Stern v. Marshall, 564 U.S. 462 (2011), to enter final judgment releasing without consent a nondebtor’s claims against other non-debtors that arise solely from non-bankruptcy substantive law, so long as the bankruptcy court concludes that granting the release is integral to the restructuring of the debtorcreditor relationship. II. Whether an Article III court may dismiss a properly noticed appeal from a bankruptcy court’s decision confirming a plan of reorganization under Chapter 11 of the Bankruptcy Code as “equitably moot” even though a live case or controversy exists under Article III of the Constitution, thereby leaving the bankruptcy court’s decision un-reviewed by any Article III court.

Counsel of record

For petitioner
Sheila Sadighi
Rolnick Kramer Sadighi LLP

For respondent
Richard P. Bress
Latham & Watkins LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 26 2020
    Petition DENIED.
  2. May 05 2020
    DISTRIBUTED for Conference of 5/21/2020.
  3. Apr 20 2020
    Waiver of right of respondents TA Millennium, Inc. and TA Associates Management, L.P. to respond filed.
  4. Apr 20 2020
    Waiver of right of respondent James Slattery to respond filed.
  5. Apr 20 2020
    Waiver of right of respondents Millennium Lab Holdings II, LLC and Millennium Health, LLC to respond filed.
  6. Mar 18 2020
    Petition for a writ of certiorari filed. (Response due April 20, 2020)