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Jonathan S. Metcalf v. Michael Fitzgerald, et al.

Paid petition · Supreme Court of Connecticut, No. SC 20227 · judgment September 3, 2019

Certiorari denied · January 13, 2020
Pre-decision estimate: 31% cert probability (95% interval 22%–42%)

Before the decision, about 7.6× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a circuit split argued in the petition.

Question presented

Does the Bankruptcy Code preempt state-law vexatious-litigation claims arising from adversary actions in bankruptcy proceedings?

Counsel of record

For petitioner
Adam G. Unikowsky
Jenner & Block LLP

For respondent
Joseph Michael Musco
Musco & Iassogna

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 13 2020
    Petition DENIED.
  2. Dec 23 2019
    DISTRIBUTED for Conference of 1/10/2020.
  3. Dec 18 2019
    Reply of petitioner Jonathan S. Metcalf filed.
  4. Dec 18 2019
    Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
  5. Dec 16 2019
    Brief of respondents Michal Fitzgerald,et al.
  6. Nov 06 2019
    Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2019, for all respondents.
  7. Nov 05 2019
    Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2019, for all respondents.
  8. Oct 31 2019
    Motion of respondents Myles H. Alderman, et al. to extend the time to file a response from November 14, 2019 to December 16, 2019, submitted to The Clerk.
  9. Oct 30 2019
    Motion of respondents Michael Fitzgerald, et al. to extend the time to file a response from November 14, 2019 to December 16, 2019, submitted to The Clerk.
  10. Oct 15 2019
    Petition for a writ of certiorari filed. (Response due November 14, 2019)