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Bank of America Corporation, et al. v. Fund Liquidation Holdings LLC, as Assignee and Successor-in-Interest to FrontPoint Asian Event Driven Fund L.P., et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-2719 · judgment March 17, 2021

Certiorari denied · January 10, 2022
Pre-decision estimate: 8% cert probability (95% interval 5%–13%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Second Circuit decision below, and a business petitioner, and down for a business respondent.

Question presented

Whether a district court lacking Article III jurisdiction can create such jurisdiction by adding a new plaintiff via Federal Rule of Civil Procedure 17. (i)

Counsel of record

For petitioner
Pratik Arvind Shah
Akin Gump Strauss Hauer & Feld, LLP

For respondent
Eric F. Citron
Goldstein & Russell, P.C.

Case

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

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Order
Order list, January 10, 2022 · Certiorari denied

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 22 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Dec 22 2021
    Reply of petitioners Bank of America Corp., et al. filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  4. Dec 07 2021
    Brief of respondents Fund Liquidation Holdings LLC, as assignee and successor-in-interest to FrontPoint Asian Event Driven Fund L.P., on behalf of itself and all others similarly situated, Sonterra Capital Master Fund, Ltd., et al. in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  5. Nov 04 2021
    Brief amicus curiae of Washington Legal Foundation filed.
    Main DocumentProof of ServiceCertificate of Word Count
  6. Nov 04 2021
    Brief amicus curiae of Chamber of Commerce of the United States of America filed.
    Main DocumentCertificate of Word CountProof of Service
  7. Oct 27 2021
    Motion to extend the time to file a response is granted in part and the time is extended to and including December 8, 2021.
  8. Oct 26 2021
    Motion to extend the time to file a response from November 4, 2021 to December 10, 2021, submitted to The Clerk.
    Main Document
  9. Oct 01 2021
    Petition for a writ of certiorari filed. (Response due November 4, 2021)
    PetitionAppendixCertificate of Word CountProof of Service