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Antonio Jubis Zacarias, et al. v. Ralph S. Janvey, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-11073 · judgment December 19, 2019

Certiorari denied · December 14, 2020
Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

Before the decision, modestly above 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 dissent in the court below (flagged in the petition).

Question presented

The Fifth Circuit holds that a receiver who lacks standing to bring investor claims can nonetheless settle those claims, with all settlement proceeds going to the receivership estate, and the district court has jurisdiction to enter bar orders extinguishing the investors’ claims as a condition of settlement. The decision represents an unprecedented expansion of Article III jurisdiction, contrary to ordinary Article III standing requirements, and directly conflicts with the law of the First, Sixth, Seventh, and D.C. Circuits. The question presented is: Whether a district court in a receivership action has Article III jurisdiction to bar investor claims for individual injuries when the receiver lacks standing to bring those claims himself due to the lack of an injury to the receivership estate.

Counsel of record

For petitioner
Christopher J. King
Homer Bonner PA

For respondent
Bradley W. Foster
Hunton Andrews Kurth LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage

Related
Vide, 19-1411

Proceedings

  1. Dec 14 2020
    Petition DENIED.
  2. Dec 04 2020
    Reply of petitioners Antonio Zacarias, et al. filed. (Distributed)
  3. Nov 24 2020
    DISTRIBUTED for Conference of 12/11/2020.
  4. Nov 06 2020
    Brief of respondents Ralph S. Janvey, et al. in opposition filed. VIDED.
  5. Nov 06 2020
    Memorandum of respondent Bowen, Miclette & Britt, Inc.in opposition filed. VIDED.
  6. Nov 06 2020
    Brief of respondents Willis Group Holdings PLC, Willis Ltd., Willis North America Inc., and Willis of Colorado, Inc. in opposition filed. VIDED
  7. Oct 13 2020
    Brief amici curiae of United States Senators representing the state of Louisiana filed. VIDED.
  8. Oct 02 2020
    Motion to extend the time to file a response is granted and the time is extended to and including November 12, 2020.
  9. Oct 01 2020
    Motion to extend the time to file a response from October 13, 2020 to November 12, 2020, submitted to The Clerk.
  10. Sep 10 2020
    Response Requested. (Due October 13, 2020)
  11. Aug 05 2020
    DISTRIBUTED for Conference of 9/29/2020.
  12. Aug 04 2020
    Waiver of right of respondent Bowen, Miclette & Britt, Inc. to respond filed.
  13. Aug 04 2020
    Waiver of right of respondents Official Stanford Investors Committee; Samuel Troice; Manuel Canabal to respond filed.
  14. Aug 04 2020
    Waiver of right of respondent Ralph S. Janvey to respond filed.
  15. Jul 23 2020
    Brief amici curiae of Stanford Investors filed. VIDED.
  16. Jul 23 2020
    Brief amicus curiae of Public Investors Advocate Bar Association filed. VIDED
  17. Jun 30 2020
    Blanket Consent filed by Petitioner, Antonio Zacarias, et al.
  18. Jun 19 2020
    Petition for a writ of certiorari filed. (Response due July 23, 2020)