Supreme Court of the United States · Official docket →
Truck Insurance Exchange v. Kaiser Gypsum Company, Inc., et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-1858 · judgment February 14, 2023
Before the decision, about 4× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a petition filed soon after the judgment below, and down for a business respondent.
Question presented
Asbestos claims in state court have been plagued by rampant fraud, with claimants seeking inflated recoveries against some asbestos defendants by suppressing evidence of claims against other asbestos defendants. For nearly a decade, bankruptcy courts have sought to protect debtors and their insurers by requiring fraud-prevention measures-like ensuring access to claims information-before channeling the asbestos claims against the debtor to a trust. See 11 U.S.C. § 524(g). In this case, a Chapter 11 debtor colluded with representatives for asbestos claimants to propose and confirm a plan that includes these fraud-prevention measures only for uninsured asbestos claims-not insured asbestos claims. Petitioner is the insurer who bears the financial burden of those 14,000 insured claims. The Bankruptcy Code's plain text empowers any "party in interest" to "raise" and "be heard on any issue" in a Chapter 11 proceeding. 11 U.S.C. § 1109(b). But the court of appeals refused to adjudicate petitioner's objections to the fraud and collusion, relying on judge-made limitations engrafted onto the Code. The question presented is: Whether an insurer with financial responsibility for a bankruptcy claim is a "party in interest" that may object to a Chapter 11 plan of reorganization. Justice Alito took no part in the consideration or decision of this petition
Counsel of record
For petitioner
Allyson Ho
Gibson, Dunn & Crutcher LLP
For respondent
David C. Frederick
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
Case
Conference history
Distributed for 3 conferences
Amicus briefs
1 cert-stage · 7 merits
(3 supporting pet./neither, 4 respondent)
Argument & decision
Argued March 19, 2024 — Allyson N. Ho · C. Kevin Marshall · David C. Frederick. Audio and transcript
Decided June 6, 2024. Opinion by Sotomayor.
Proceedings
- Jul 08 2024Judgment Issued.
- Jun 06 2024Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which all other Members joined, except Alito, J., who took no part in the consideration or decision of the case.
- Mar 19 2024Argued. For petitioner: Allyson N. Ho, Dallas, Tex.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For debtor respondents: C. Kevin Marshall, Washington, D. C. For claimant respondents: David C. Frederick, Washington, D. C.
- Mar 19 2024Letter from the Solicitor General filed.
- Feb 23 2024Reply of petitioner Truck Insurance Exchange filed. (Distributed)
- Feb 20 2024Motion for divided argument filed by respondents GRANTED. Justice Alito took no part in the consideration or decision of this motion.
- Feb 20 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Alito took no part in the consideration or decision of this motion.
- Feb 14 2024CIRCULATED
- Feb 01 2024Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER.
- Jan 31 2024Brief amicus curiae of United Policyholders filed.
- Jan 31 2024Brief amici curiae of Bankruptcy Experts filed.
- Jan 31 2024Brief amici curiae of Co-Chairs of The American Bankruptcy Institutes, et al. filed.
- Jan 31 2024Brief amicus curiae of American Association for Justice filed.
- Jan 31 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Jan 30 2024Motion for divided argument filed by respondents.
- Jan 29 2024SET FOR ARGUMENT on Tuesday, March 19, 2024.
- Jan 29 2024Record requested from the United States Court of Appeals for the Fourth Circuit.
- Jan 24 2024Brief of Debtor-side respondents filed.
- Jan 24 2024Brief of respondents Official Committee of Asbestos Personal Injury Claimants, et al. filed.
- Jan 09 2024Motion to further extend the time to file respondents' brief on the merits granted and the time is extended to and including January 24, 2024.
- Jan 02 2024Motion for a further extension of time to file respondents' brief on the merits filed.
- Dec 14 2023Brief amici curiae of American Property Casualty Insurance Association, et al. filed.
- Dec 14 2023Brief amicus curiae of United States filed.
- Dec 13 2023Brief amici curiae of Anthony J. Casey, et al. filed.
- Dec 07 2023Brief of petitioner Truck Insurance Exchange filed.
- Dec 07 2023Joint appendix (volumes I and II) filed. (Statement of costs filed)
- Nov 20 2023Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 7, 2023. The time to file respondents' brief on the merits is extended to and including January 17, 2024.
- Nov 16 2023Motion for an extension of time to file the briefs on the merits filed by petitioner.
- Oct 13 2023Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition.
- Oct 10 2023DISTRIBUTED for Conference of 10/13/2023.
- Sep 20 2023DISTRIBUTED for Conference of 10/6/2023.
- Sep 19 2023Reply of petitioner Truck Insurance Exchange filed. (Distributed)
- Sep 05 2023Brief of respondents Kaiser Gypsum Company, Inc., et al. in opposition filed.
- Sep 05 2023Brief of respondent Official Committee of Asbestos Personal Injury Claimants in opposition filed.
- Jul 19 2023Motion to extend the time to file a response is granted and the time is extended to and including September 5, 2023, for all respondents.
- Jul 18 2023Motion to extend the time to file a response from August 7, 2023 to September 5, 2023, submitted to The Clerk.
- Jul 07 2023Response Requested. (Due August 7, 2023)
- Jun 21 2023DISTRIBUTED for Conference of 9/26/2023.
- Jun 05 2023Brief amici curiae of Anthony J. Casey, et al. filed.
- May 03 2023Petition for a writ of certiorari filed. (Response due June 5, 2023)