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Carey D. Ebert v. John Paul DeJoria, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-10382 · judgment April 30, 2019

Certiorari denied · November 18, 2019
Pre-decision estimate: 3% cert probability

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

Question presented

Whether a bankruptcy trustee who proved at trial, without objection, that defendants’ tortious conduct (breach of fiduciary duty and aiding and abetting claims) caused the debtor corporation to incur unpaid debt, has Article III standing to assert those claims.

Counsel of record

For petitioner
Joseph Elton Cullens Jr.
Walters, Papillion, Thomas, Cullens, LLC

For respondent
Kenneth R. Shemin
Shemin Law Firm, PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 18 2019
    Petition DENIED.
  2. Oct 30 2019
    DISTRIBUTED for Conference of 11/15/2019.
  3. Oct 07 2019
    Waiver of right of respondents Howard Miller Appel; Ernest A. Bartlett, III and Matthew J. Cohen to respond filed.
  4. Sep 10 2019
    Petition for a writ of certiorari filed. (Response due October 16, 2019)