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TRUMPF, Inc. v. CSI Worldwide, Inc.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-2189 · judgment December 11, 2019


Certiorari denied · October 5, 2020
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether it is unconstitutional and impermissible for a court to usurp Congress’ authority by reducing the strict standing and jurisdictional requirements for involuntary bankruptcy established by Congress in 11 U.S.C. § 303? Whether a party who successfully forces a debtor into involuntary bankruptcy, by representing to the bankruptcy court that there is no bona fide dispute as to that debtor’s liability, upon which the bankruptcy court relies to enter its adjudication, is precluded by judicial estoppel from ignoring its representation and that adjudication to bring a subsequent litigation in a different court claiming the same liability against another entity?

Counsel of record

For petitioner
Christopher Scott D'Angelo
Montgomery McCracken Walker & Rhoads LLP

For respondent
Robert M. Winter
Robbins, Salomon & Pratt, Ltd.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Jul 01 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Jun 15 2020
    Waiver of right of respondent CSI Worldwide, LLC to respond filed.
  4. Jun 08 2020
    Petition for a writ of certiorari filed. (Response due July 13, 2020)