Kokocinski v. Collins

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-375 8th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether a federal court of appeals reviews de novo a district court's dismissal with prejudice of a shareholder-derivative action based on a special litigation committee's recommendation, as the U.S. Courts of Appeals for the 1st, 2nd, 5th, 6th, and 9th Circuits have held, or for an abuse of discretion, as held by the U.S. Courts of Appeals for the 8th and 11th Circuits; (2) whether a federal court of appeals reviews an appeal from a Federal Rule of Civil Procedure 23.1 order in a derivative action de novo, as the U.S. Courts of Appeals for the 1st, 2nd, 6th, and 7th Circuits have held, or for an abuse of discretion, as held by the U.S. Courts of Appeals for the 3rd, 8th, 9th, 10th, 11th, and D.C. Circuits; and (3) whether a plaintiff in a shareholder-derivative action is entitled to discovery before the court rules on a special litigation committee's motion to dismiss.

SCOTUSblog Coverage

DateProceedings and Orders
Jun 20 2017Application (17A2) to extend the time to file a petition for a writ of certiorari from July 10, 2017 to August 9, 2017, submitted to Justice Gorsuch.
Jun 27 2017Application (17A2) granted by Justice Gorsuch extending the time to file until August 9, 2017.
Jul 26 2017Application (17A2) to extend further the time from August 9, 2017 to September 8, 2017, submitted to Justice Gorsuch.
Aug 04 2017Application (17A2) granted by Justice Gorsuch extending the time to file until September 8, 2017.
Sep 08 2017Petition for a writ of certiorari filed. (Response due October 12, 2017)
Sep 25 2017Order extending time to file response to petition to and including November 13, 2017, for all respondents.
Nov 13 2017Brief of respondents Arthur Collins, et al. in opposition filed.
Nov 29 2017DISTRIBUTED for Conference of 1/5/2018.
Nov 29 2017Reply of petitioner Charlotte Kokocinski filed. (Distributed)
 
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