Supreme Court of the United States · Official docket →
Philip Pilevsky, et al. v. Sutton 58 Associates LLC
Paid petition · Court of Appeals of New York, No. 80 · judgment November 24, 2020
Dismissed · September 24, 2021
Pre-decision estimate: 1% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the federal Bankruptcy Code preempts state-law tort claims that are premised on an alleged misuse of bankruptcy proceedings or that seek to impose liability based on the very fact of bankruptcy.
Counsel of record
For petitioner
Elaine Janet Goldenberg
Munger, Tolles & Olson LLP
For respondent
Michael Hugh McGinley
Dechert LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 cert-stage
Proceedings
- Sep 24 2021Petition Dismissed - Rule 46.
- Sep 10 2021Motion of Sutton 58 Associates LLC to dismiss not accepted for filing. (September 23, 2021 - corrected document to be submitted)
- Sep 10 2021Joint stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46.1 filed.
- Jul 21 2021DISTRIBUTED for Conference of 9/27/2021.
- Jul 20 2021Reply of petitioners Philip Pilevsky, et al. filed. (Distributed)
- Jul 06 2021Brief of respondent Sutton 58 Associates LLC in opposition filed.
- May 10 2021Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2021.
- May 07 2021Motion to extend the time to file a response from June 3, 2021 to July 6, 2021, submitted to The Clerk.
- May 04 2021Response Requested. (Due June 3, 2021)
- Apr 27 2021DISTRIBUTED for Conference of 5/13/2021.
- Apr 26 2021Brief amici curiae of The Honorable Melanie L. Cyganowski (Ret.), et al. filed.
- Apr 23 2021Waiver of right of respondent Sutton 58 Associates LLC to respond filed.
- Apr 20 2021Petition for a writ of certiorari filed. (Response due May 24, 2021)