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Charter Consolidated, Ltd., et al. v. Cape Intermediate Holdings Limited, Individually and as Successor in Interest to Cape Asbestos Company Limited, By and Through Its Receiver Peter D. Protopapas, et al.

Paid petition · Supreme Court of South Carolina, No. 2025-002104 · judgment May 27, 2026


10%
estimated cert probability
(petition-stage, structural)
95% interval 6%–15%
Rule 10: circuit split argued

About 2.4× the 4.1% base rate. The model weights this up for counsel who has won certiorari before, a circuit split argued in the petition, and a business petitioner, and down for a business respondent.

Question presented

Whether the territorial limits on state courts’ power embodied in the Due Process Clause, the Commerce Clause, and principles of federalism prohibit a state-court receiver from controlling the litigation decisions and other internal affairs of an out-of-state corporation when the receiver has not been recognized in the corporation’s place of incorporation.

Counsel of record

For petitioner
Amir Cameron Tayrani
Gibson, Dunn & Crutcher LLP

For respondent
Todd Barnes
Dean, Omar, Branham & Shirley, LLP

Case

Conference history
—

Amicus briefs
3 cert-stage

Related
Vide, 26-350

Proceedings

  1. Oct 13 2026
    Waiver of right of respondent John A. Tibbs and Margaret B. Tibbs to respond filed.
  2. Oct 13 2026
    Waiver of right of respondents Cape Intermediate Holdings Limited, individually and as successor in Interest to Cape Asbestos Company Limited, by and through its Receiver Peter D. Protopapas to respond filed.
  3. Oct 13 2026
    Brief amicus curiae of Washington Legal Foundation filed. VIDED.
  4. Oct 13 2026
    Brief amicus curiae of National Union Fire Insurance Company of Pittsburgh, PA filed. VIDED.
  5. Oct 13 2026
    Brief amicus curiae of Atlantic Legal Foundation filed. VIDED.
  6. Sep 08 2026
    Petition for a writ of certiorari filed. (Response due October 13, 2026)