Supreme Court of the United States · Official docket →
Fairholme Funds, Inc., et al. v. United States, et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-1912, 2020-1914 · judgment February 22, 2022
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Federal Circuit decision below, and a business petitioner.
Questions presented
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If the United States causes a company to transfer to the United States for the public benefit private shareholders’ rights incident to their ownership of shares in the company, do the private shareholders have a direct, personal interest in a cause of action challenging that taking?
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Were the rights to future dividends and other distributions held by petitioners cognizable property rights protected by the Takings Clause? These questions are raised by petitioners in Owl Creek Asia I, L.P., et al v. United States, No. 22-_____ (filed July 22, 2022) and Cacciapalle, et al., v. United States, No. 22-_____ (filed July 22, 2022), which both seek review of the same court of appeals decision.
Counsel of record
For petitioner
David H. Thompson
Cooper & Kirk, PLLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jan 09 2023Petition DENIED.
- Nov 30 2022DISTRIBUTED for Conference of 1/6/2023.
- Nov 09 2022Brief of respondents United States in opposition filed. VIDED.
- Sep 30 2022Motion to extend the time to file a response is granted and the time is further extended to and including November 9, 2022.
- Sep 29 2022Motion to extend the time to file a response from October 3, 2022 to November 9, 2022, submitted to The Clerk.
- Aug 08 2022Motion to extend the time to file a response is granted and the time is extended to and including October 3, 2022.
- Aug 05 2022Motion to extend the time to file a response from September 1, 2022 to October 3, 2022, submitted to The Clerk.
- Jul 22 2022Petition for a writ of certiorari filed. (Response due September 1, 2022)
- May 12 2022Application (21A711) granted by The Chief Justice extending the time to file until July 22, 2022.
- May 09 2022Application (21A711) to extend the time to file a petition for a writ of certiorari from May 23, 2022 to July 22, 2022, submitted to The Chief Justice.