U.S. Bank National Association v. Village at Lakeridge
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-1509 | 9th Cir. | Oct 31, 2017 | Mar 5, 2018 | 9-0 | Kagan | OT 2017 |
Holding: The U.S. Court of Appeals for the 9th Circuit was right to review the Bankruptcy Court’s determination of non-statutory insider status for clear error (rather than de novo).
Judgment: Affirmed, 9-0, in an opinion by Justice Kagan on March 5, 2018. Justice Kennedy filed a concurring opinion. Justice Sotomayor filed a concurring opinion, in which Justices Kennedy, Thomas, and Gorsuch joined.
SCOTUSblog Coverage
- Opinion analysis: Justices approve deferential review of bankruptcy-court determinations on “insider” status (Ronald Mann, March 5, 2018)
- Argument analysis: Justices unsure whether to resolve case about standard of review for findings of insider status (Ronald Mann, November 1, 2017)
- Argument preview: Bankruptcy case will have justices pondering standard of review for mixed questions of law and fact (Ronald Mann, October 24, 2017)
- Today’s orders – Two grants, one CVSG, still no Masterpiece Cakeshop (Amy Howe, March 27, 2017)
- Justices issue additional orders from September 26 conference (Update) (Amy Howe, October 3, 2016)
| Date | Proceedings and Orders |
|---|---|
| Jun 13 2016 | Petition for a writ of certiorari filed. (Response due July 15, 2016) |
| Jul 12 2016 | Order extending time to file response to petition to and including August 15, 2016, for all respondents. |
| Aug 15 2016 | Brief of respondent The Village at Lakeridge, LLC in opposition filed. |
| Aug 31 2016 | DISTRIBUTED for Conference of September 26, 2016. |
| Oct 03 2016 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Feb 13 2017 | Brief amicus curiae of United States filed. |
| Feb 28 2017 | Reply of petitioner U.S. Bank National Association, Trustee, et al. filed. |
| Mar 01 2017 | DISTRIBUTED for Conference of March 17, 2017. |
| Mar 20 2017 | DISTRIBUTED for Conference of March 24, 2017. |
| Mar 27 2017 | Petition GRANTED limited to Question 2 presented by the petition. |
| Apr 21 2017 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 12, 2017. |
| Apr 21 2017 | The time to file respondents' brief on the merits is extended to and including August 11, 2017. |
| Jun 12 2017 | Joint appendix filed. |
| Jun 12 2017 | Brief of petitioner U.S. Bank National Association, Trustee, et al. filed. |
| Aug 11 2017 | Brief of respondent The Village at Lakeridge, LLC filed. |
| Aug 18 2017 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Aug 18 2017 | Brief amicus curiae of the United States filed. |
| Aug 31 2017 | SET FOR ARGUMENT on Tuesday, October 31, 2017. |
| Sep 07 2017 | CIRCULATED |
| Sep 11 2017 | Reply of petitioners U.S. Bank National Association, Trustee, et al. filed. (Distributed) |
| Sep 12 2017 | Record requested from the U.S.C.A. 9th Circuit. |
| Sep 25 2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 31 2017 | Argued. For petitioners: Gregory A. Cross, Baltimore, Md. For respondents: Daniel L. Geyser, Dallas, Tex.; and Morgan Goodspeed, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Mar 05 2018 | Adjudged to be AFFIRMED. Kagan, J., delivered the opinion for a unanimous Court. Kennedy, J., filed a concurring opinion. Sotomayor, J., filed a concurring opinion, in which Kennedy, Thomas, and Gorsuch, JJ., joined. |
| Apr 06 2018 | JUDGMENT ISSUED. |
