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Annick Roy, as Special Administrator of the Estate of Jean-Guy Veilleux, Deceased, et al. v. Canadian Pacific Railway Company

Paid petition · United States Court of Appeals for the First Circuit, No. 17-1108 · judgment June 2, 2021


Certiorari denied · May 31, 2022
Pre-decision estimate: 6% cert probability (95% interval 3%–11%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a First Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition, and down for a business respondent.

Questions presented

  1. The Federal Rules of Bankruptcy Procedure govern procedure in “cases under title 11 of the United States Code.” Fed. R. Bankr. P. 1001. Does the term “cases under title 11” extend to cases in district court that are merely “related to a case under title 11,” such that the bankruptcy rules govern in all civil cases that could conceivably affect a bankruptcy?

  2. The bankruptcy rules provide that, to toll the fourteen-day period in which to appeal the judgment “of a bankruptcy court,” a motion to reconsider the judgment under Federal Rule of Bankruptcy Procedure 9023 must be filed “in the bankruptcy court” within fourteen days. Assuming the bankruptcy rules apply in district court, do the rules likewise require a motion to reconsider a district court’s judgment under Federal Rule of Civil Procedure 59(e) to be filed within 14 days?

Counsel of record

For petitioner
Matthew W.H. Wessler
Gupta Wessler PLLC

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
21A184

Proceedings

  1. May 31 2022
    Petition DENIED.
  2. May 10 2022
    DISTRIBUTED for Conference of 5/26/2022.
  3. May 04 2022
    Reply of petitioners Annick Roy, et al. filed.
  4. Apr 20 2022
    Brief of respondent Canadian Pacific Railway Co. in opposition filed.
  5. Mar 21 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including April 20, 2022.
  6. Mar 17 2022
    Motion to extend the time to file a response from March 30, 2022 to April 20, 2022, submitted to The Clerk.
  7. Feb 28 2022
    Brief amici curiae of Law Professors Who Teach or Write on Civil Procedure or Federal Courts filed.
  8. Feb 22 2022
    Motion to extend the time to file a response is granted and the time is extended to and including March 30, 2022.
  9. Feb 15 2022
    Motion to extend the time to file a response from February 28, 2022 to March 30, 2022, submitted to The Clerk.
  10. Jan 24 2022
    Petition for a writ of certiorari filed. (Response due February 28, 2022)
  11. Nov 30 2021
    Application (21A184) granted by Justice Breyer extending the time to file until January 24, 2022.
  12. Nov 23 2021
    Application (21A184) to extend the time to file a petition for a writ of certiorari from December 7, 2021 to January 24, 2022, submitted to Justice Breyer.