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Peter Protopapas v. Whittaker Clark & Daniels, Inc., et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 24-2210, 24-2211, 25-1044 · judgment April 27, 2026


5%
estimated cert probability
(petition-stage, structural)
Rule 10: dissent below

Roughly the 4.1% base rate. The model weights this up for a Third Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before, and down for a business respondent.

Question presented

Petitioner, a state-appointed receiver, objected to the bankruptcy court’s jurisdiction over Respondent’s Chapter 11 case: relying on the Rooker-Feldman doctrine, Petitioner argued that Respondent (the state-court loser) complains of injuries from a statecourt order appointing Petitioner as receiver and invokes federal bankruptcy jurisdiction to overturn the receivership order. The Third Circuit rejected Petitioner’s objection, relying on circuit precedent that limits the Rooker-Feldman doctrine only to state-court orders that are either final or effectively final. Subsequently, in T.M. v. University of Maryland Medical System Corp., 608 U.S. —, 146 S. Ct. 1739 (June 18, 2026), this Court held that the RookerFeldman doctrine bars district courts from exercising jurisdiction over cases brought by state-court losers complaining of state-court judgments, “regardless of whether those judgments are final trial-court judgments or those of a State’s highest court.” The question presented is whether the Court should grant, vacate, and remand for reconsideration in light of T.M.

Counsel of record

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

For respondent
Paul D. Clement
Clement & Murphy, PLLC

Case

Conference history

Proceedings

  1. Aug 25 2026
    Brief of respondents Whittaker, Clark & Daniels, Inc., et al. in opposition filed.
  2. Jul 24 2026
    Petition for a writ of certiorari filed. (Response due September 2, 2026)