Supreme Court Report

Supreme Court of the United States · Official docket →

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: 5% 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 and a circuit split argued in the petition.

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

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, November 18, 2019 · Certiorari denied

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)