Bank of America, N.A. v. Caulkett

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Bank of America, N.A. v. Caulkett

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Bank of America, N.A. v. Toledo-Cardona

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-1421	11th Cir.	Mar 24, 2015 Tr.Aud.	Jun 1, 2015	9-0	Thomas	OT 2014

Holding: A debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien under 11 U.S.C. § 506(d) when the debt owed on a senior mortgage lien exceeds the current value of the collateral if the creditor’s claim is both secured by a lien and allowed under Section 502 of the Bankruptcy Code.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Thomas on June 1, 2015. Justices Kennedy, Breyer, and Sotomayor do not join the footnote.

Opinion analysis: Bad news for "underwater" homeowners (Amy Howe)
A “view” from the Courtroom: Elonis and other June 1 decisions (Mark Walsh)
Argument analysis: Navigating between Scylla and Charybdis on underwater mortgages (Amy Howe)
Argument preview: Underwater mortgages and the Bankruptcy Code (Amy Howe)
Dealing with "underwater" mortgages (Lyle Denniston)
Petitions of the day (Maureen Johnston)

Date	Proceedings and Orders (key to color coding)
May 23 2014	Petition for a writ of certiorari filed. (Response due June 27, 2014)
Jun 27 2014	Motion for leave to file amici brief filed by Loan Syndications and Trading Association, et al.
Jul 16 2014	DISTRIBUTED for Conference of September 29, 2014.
Jul 28 2014	Response Requested . (Due August 27, 2014)
Aug 8 2014	Order extending time to file response to petition to and including October 6, 2014.
Oct 6 2014	Brief of respondent David B. Caulkett in opposition filed.
Oct 21 2014	Reply of petitioner Bank of America, N.A. filed. (Distributed)
Oct 22 2014	DISTRIBUTED for Conference of November 7, 2014.
Nov 10 2014	DISTRIBUTED for Conference of November 14, 2014.
Nov 17 2014	Motion for leave to file amici brief filed by Loan Syndications and Trading Association, et al GRANTED.
Nov 17 2014	Petition GRANTED The petition for a writ of certiorari in No. 14-163 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Nov 18 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from respondents David Caulkett, and Edelmiro Toledo-Cardona. VIDED
Nov 21 2014	The time to file the joint appendix and petitioner's brief on the merits is extended to and including January 9, 2015. VIDED
Nov 21 2014	The time to file respondents' brief(s) on the merits is extended to and including February 17, 2015. VIDED
Dec 4 2014	Motion to dispense with printing the joint appendix filed by petitioner Bank of America, N.A. VIDED.
Dec 15 2014	Motion to dispense with printing the joint appendix filed by petitioner GRANTED. VIDED
Jan 9 2015	Brief of petitioner Bank of America, N.A. filed. VIDED.
Jan 16 2015	Brief amici curiae of Loan Syndications and Trading Association, et al filed. VIDED.
Jan 16 2015	Brief amicus curiae of Community Bankers Association of Illinois filed. VIDED.
Feb 2 2015	SET FOR ARGUMENT ON Tuesday, March 24, 2015. VIDED
Feb 3 2015	Record requested from U.S.C.A. 11th Circuit.
Feb 11 2015	Record received from U.S.D.C. Middle District of Florida. (1 Envelope)
Feb 12 2015	CIRCULATED
Feb 17 2015	Brief of respondent David B. Caulkett filed. VIDED. (Distributed)
Feb 19 2015	Brief amici curiae of Professors Jagdeep S. Bhandari, et al. filed. VIDED. (Distributed)
Feb 23 2015	Brief amici curiae of National Association of Consumer Bankruptcy Attorneys and AARP filed. VIDED. (Distributed)
Feb 23 2015	Brief amicus curiae of Adam J. Levitin, Professor of Law filed. VIDED. (Distributed)
Feb 24 2015	Brief amici curiae of Jerome N. Frank Legal Services Organization, et al. filed. VIDED. (Distributed)
Feb 24 2015	Brief amicus curiae of NYU Law School Bankruptcy Appellate Clinic filed. VIDED. (Distributed)
Feb 24 2015	Brief amici curiae of Bankruptcy Law Professors Robert M. Lawless, et al. filed. VIDED. (Distributed)
Feb 24 2015	Brief amicus curiae of Professor Margaret Howard filed. VIDED. (Distributed)
Feb 24 2015	Brief amicus curiae of Occupy the SEC filed. VIDED. (Distributed)
Mar 16 2015	Reply of petitioner Bank of America, N.A. filed. VIDED. (Distributed)
Mar 24 2015	Argued. For petitioner: Danielle Spinelli, Washington, D. C. For respondents: Stephanos Bibas, Philadelphia, Pa.
Jun 1 2015	Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Ginsburg, Alito, and Kagan, JJ., joined, and in which Kennedy, Breyer, and Sotomayor, JJ., joined except as to the footnote. VIDED.
Jul 6 2015	JUDGMENT ISSUED.
Jul 21 2015	Record from U.S.D.C. Middle Dist. of Florida has been returned.

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The Supreme Court released orders from the May 16 conference on Monday; the justices granted Ritzen Group Inc. v. Jackson Masonry, LLC.
On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
On Thursday, the justices meet for their May 23 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
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Recent Decisions
- Herrera v. Wyoming Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
- Merck Sharp & Dohme Corp. v. Albrecht “Clear evidence” that the Food and Drug Administration would not have approved a change to a drug’s label – thus pre-empting a state-law failure-to-warn claim – is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.
- Mission Product Holdings Inc. v. Tempnology, LLC A bankruptcy debtor’s rejection of an executory contract under 11 U.S.C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.
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Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
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Summary reversals 4

Merits cases granted to date 73

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Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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