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Larry J. Winget, et al. v. Alter Domus, LLC

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-1568 · judgment July 1, 2022


Certiorari denied · January 23, 2023
Pre-decision estimate: 12% cert probability (95% interval 7%–18%)

Before the decision, about 2.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Questions presented

  1. Whether a federal court has jurisdiction to annul a revocable, will-substitute trust and replace it with an irrevocable trust.

  2. Whether a revocable, will-substitute trust is a separate legal person capable of participating in a fraudulent transfer.

  3. Whether the Sixth Circuit’s unfettered discretion to refuse to publish a decision violates Article III of the Constitution.

Counsel of record

For petitioner
John J. Bursch
Bursch Law PLLC

For respondent
James W. Ducayet
Sidley Austin, LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
22A402

Proceedings

  1. Jan 23 2023
    Petition DENIED.
  2. Jan 13 2023
    Brief amicus curiae of Members of the Trust and Estate Planning Bar in Michigan filed. (Distributed)
  3. Jan 04 2023
    DISTRIBUTED for Conference of 1/20/2023.
  4. Dec 23 2022
    Waiver of right of respondent Alter Domus, LLC to respond filed.
  5. Dec 15 2022
    Petition for a writ of certiorari filed. (Response due January 18, 2023)
  6. Nov 07 2022
    Application (22A402) granted by Justice Kavanaugh extending the time to file until December 15, 2022.
  7. Nov 03 2022
    Application (22A402) to extend the time to file a petition for a writ of certiorari from November 15, 2022 to December 15, 2022, submitted to Justice Kavanaugh.