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Cuker Interactive, LLC v. Pillsbury Winthrop Shaw Pittman, LLP

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-55298 · judgment March 2, 2022


Certiorari denied · March 27, 2023
Pre-decision estimate: 5% cert probability (95% interval 4%–7%)

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

Question presented

Whether a federal court deciding a state-law issue in a bankruptcy case must apply the forum State’s choice-of-law rules or federal choice-of-law rules to determine what substantive law governs.

Counsel of record

For petitioner
Misha Tseytlin
Troutman Pepper Hamilton Sanders LLP

For respondent
Andrew Mark Troop
Pillsbury Winthrop Shaw Pittman LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Linked docket
21A748

Proceedings

  1. Mar 27 2023
    Petition DENIED.
  2. Mar 13 2023
    Supplemental brief of petitioner Cuker Interactive, LLC filed. (Distributed)
  3. Mar 08 2023
    DISTRIBUTED for Conference of 3/24/2023.
  4. Feb 17 2023
    Brief amicus curiae of United States filed.
  5. Dec 23 2022
    Supplemental brief of petitioner Cuker Interactive, LLC filed.
  6. Dec 02 2022
    Supplemental brief of respondent Pillsbury Winthrop Shaw Pittman, LLP filed.
  7. Oct 03 2022
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  8. Aug 31 2022
    DISTRIBUTED for Conference of 9/28/2022.
  9. Aug 25 2022
    Reply of petitioner Cuker Interactive, LLC filed.
  10. Aug 15 2022
    Brief of respondent Pillsbury Winthrop Shaw Pittman, LLP in opposition filed.
  11. Aug 05 2022
    Brief amici curiae of Professors of Law filed.
  12. Jul 27 2022
    Motion to extend the time to file a response is granted and the time is extended to and including August 15, 2022.
  13. Jul 26 2022
    Motion to extend the time to file a response from August 5, 2022 to August 15, 2022, submitted to The Clerk.
  14. Jun 30 2022
    Petition for a writ of certiorari filed. (Response due August 5, 2022)
  15. May 23 2022
    Application (21A748) granted by Justice Kagan extending the time to file until June 30, 2022.
  16. May 18 2022
    Application (21A748) to extend the time to file a petition for a writ of certiorari from May 31, 2022 to June 30, 2022, submitted to Justice Kagan.