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Harrington v. Purdue Pharma L.P.

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Emergency application for stay is granted on Aug. 10, 2023.
Docket No. Op. Below Argument Opinion Vote Author Term
23A87 2nd Cir. TBD TBD TBD TBD OT 2022

Issue: Whether the Supreme Court should stay the mandate of the U.S. Court of Appeals for the 2nd Circuit authorizing Purdue Pharma's bankruptcy plan.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 28 2023Application (23A87) for a stay, submitted to Justice Sotomayor.
Jul 28 2023Response to application (23A87) requested by Justice Sotomayor, due by noon (EDT), Friday, August 4, 2023.
Aug 04 2023Response to application from respondent State of California, et al. filed.
Aug 04 2023Response to application from respondent Ad Hoc Group of Individual Victims of Purdue Pharma, L.P., et al. filed.
Aug 04 2023Response to application from respondent The Official Committee of Unsecured Creditors of Purdue Pharma L.P., et al. filed.
Aug 04 2023Response to application from respondent Debtors, Purdue Pharma L.P., and Its Affiliates filed.
Aug 04 2023Response to application from respondent Multi-State Governmental Entities Group filed.
Aug 04 2023Response to application from respondent City of Grande Prairie, et al. filed.
Aug 04 2023Response to application from respondent The Ad Hoc Committee of Governmental and Other Contingent Litigation Claimants filed.
Aug 07 2023Reply of applicant William K. Harrington filed.
Aug 08 2023Sur-Reply to Application of Debtors, Purdue Pharma L.P., and Its Affiliates not accepted for filing. (August 08, 2023)
Aug 09 2023Motion to Direct the Clerk to File a Sur-Reply filed by respondent Debtors, Purdue Pharma L.P., and Its Affiliates.
Aug 09 2023Motion to Direct the Clerk to File a Sur-Reply denied by Justice Sotomayor.
Aug 10 2023Application (23A87) referred to the Court.
Aug 10 2023Application (23A87) granted by the Court. The application for stay presented to Justice Sotomayor and by her referred to the Court is granted. The mandate of the United States Court of Appeals for the Second Circuit in case No. 22-110 and the consolidated cases is recalled and stayed. Applicant suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted. The parties are directed to brief and argue the following question: Whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under Chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties, without the claimants’ consent. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the December 2023 argument session. The stay shall terminate upon the sending down of the judgment of this Court.