Supreme Court of the United States · Official docket →
Altrad Investment Authority S.A.S, 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
1%
estimated cert probability
(petition-stage, structural)
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
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
Kannon K. Shanmugam
Davis Polk & Wardwell LLP
For respondent
Todd Barnes
Dean, Omar, Branham & Shirley, LLP
Proceedings
- Oct 13 2026Waiver of right of respondent John A. Tibbs and Margaret B. Tibbs to respond filed.
- Oct 13 2026Waiver 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.
- Oct 13 2026Brief amicus curiae of Washington Legal Foundation filed. VIDED.
- Oct 13 2026Brief amicus curiae of National Union Fire Insurance Company of Pittsburgh, PA filed. VIDED.
- Oct 13 2026Brief amicus curiae of Atlantic Legal Foundation filed. VIDED.
- Sep 08 2026Petition for a writ of certiorari filed. (Response due October 15, 2026)