Baker Botts, L.L.P. v. ASARCO, L.L.C.

Docket No. Op. Below Argument Opinion Vote Author Term
14-103 5th Cir. Feb 25, 2015
Tr.Aud.
Jun 15, 2015 6-3 Thomas OT 2014

Holding: Section 330(a)(1) of the Bankruptcy Code does not permit bankruptcy courts to award fees for defending fee applications to professionals hired under Section 327(a) of the Bankruptcy Code.

Judgment: Affirmed, 6-3, in an opinion by Justice Thomas on June 15, 2015. Justice Sotomayor joined Justice Thomas's opinion as to all but Part III-B-2. Justice Sotomayor also filed an opinion concurring in part and concurring in the judgment. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg and Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 29 2014Petition for a writ of certiorari filed. (Response due August 29, 2014)
Jul 31 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Aug 15 2014Brief of respondent ASARCO, L.L.C. in opposition filed.
Aug 29 2014Brief amicus curiae of The State Bar of Texas Bankruptcy Law Section filed.
Aug 29 2014Brief amicus curiae of The Business Law Section of The Florida Bar filed.
Sep 2 2014Reply of petitioners Baker Botts, L.L.P., et al. filed.
Sep 3 2014DISTRIBUTED for Conference of September 29, 2014.
Oct 2 2014Petition GRANTED.
Oct 8 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Oct 22 2014The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 3, 2014.
Oct 22 2014The time to file respondent's brief on the merits is extended to and including January 20, 2015.
Nov 10 2014Motion to dispense with printing the joint appendix filed by petitioners Baker Botts, L.L.P., et al.
Nov 17 2014Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Dec 3 2014Brief of petitioners Baker Botts, L.L.P., et al. filed.
Dec 8 2014Brief amicus curiae of National Association of Bankruptcy Trustees filed.
Dec 10 2014Brief amicus curiae of Neutral Fee Examiners in support of neither party filed.
Dec 10 2014Brief amici curiae of Committee on Bankruptcy and Corporate Reorganization of the Association of the Bar of the City of New York, et al. filed.
Dec 10 2014Brief amicus curiae of National Association of Consumer Bankruptcy Attorneys filed.
Dec 10 2014Brief amicus curiae of United States filed.
Dec 10 2014Proposal from counsel for amicus curiae National Association of Consumer Bankruptcy Attorneys to lodge a copy of the American Bankruptcy Institute National Report on Professional Compensation in Bankruptcy Cases (G. R. Warner, rep. 1991).
Dec 10 2014Brief amici curiae of Bankruptcy Law Scholars filed.
Dec 10 2014Brief amicus curiae of National Association of Chapter Thirteen Trustees filed.
Dec 10 2014Brief amicus curiae of The State Bar of Texas Bankruptcy Law Section filed.
Dec 10 2014Brief amici curiae of Former Bankruptcy Judges Leif M. Clark and Judith K. Fitzgerald filed.
Dec 22 2014SET FOR ARGUMENT ON Wednesday, February 25, 2015
Dec 22 2014Record requested from U.S.C.A. 5th Circuit.
Dec 29 2014The record from U.S.C.A. 5th Circuit is located on PACER.
Dec 29 2014The record from U.S.D.C. Southern District of Texas is located on PACER.
Jan 7 2015CIRCULATED.
Jan 8 2015CA5 Record received on two thumb drives, one is under seal.
Jan 14 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 20 2015Brief of respondent ASARCO, L.L.C. filed. (Distributed)
Jan 21 2015Brief amici curiae of Professors Richard Aaron, et al. filed. (Distributed)
Feb 13 2015Reply of petitioners Baker Botts, L.L.P., et al. filed. (Distributed)
Feb 20 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 25 2015Argued. For petitioners: Aaron Streett, Houston, Tex.; and Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Jeffrey L. Oldham, Houston, Tex.
Jun 15 2015Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Alito, JJ., joined, and in which Sotomayor, J., joined as to all but Part III-B-2. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment. Breyer, J., filed a dissenting opinion, in which Ginsburg and Kagan, JJ., joined.
Jul 10 2015JUDGMENT ISSUED.
 
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