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Sandwich Isles Communications, Inc. v. Hawaiian Telcom Inc., et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-3520 · judgment October 22, 2024


Certiorari denied · February 24, 2025
Pre-decision estimate: 8% cert probability (95% interval 5%–11%)

Before the decision, about 1.9× 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.

Questions presented

  1. Can the Bankruptcy Code Preempt An Act of Congress Incorporated Into the State Constitution by transferring to a non-native Hawaiian company Petitioner's interest in Hawaiian Home Lands, lands designated by Congress to be used for the rehabilitation of native Hawaiians in perpetuity

  2. Can the Bankruptcy Code Preempt An Act of Congress Incorporated Into the State Constitution by transferring to a non-native Hawaiian company the interests in Hawaiian Home Lands, held by native Hawaiian owned companies that owe nothing to the debtor in bankruptcy, lands which have been designated by Congress to be used for the rehabilitation of native Hawaiians in perpetuity

Counsel of record

For petitioner
Lex Richard Smith
Kobayashi, Sugita & Goda

For respondent
Bryan Michael Killian
Morgan, Lewis & Bockius, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 24 2025
    Petition DENIED.
  2. Feb 05 2025
    DISTRIBUTED for Conference of 2/21/2025.
  3. Jan 28 2025
    Waiver of right of respondent Hawaiian Telcom Inc., et al. to respond filed.
  4. Jan 21 2025
    Petition for a writ of certiorari filed. (Response due February 24, 2025)