Buckner v. United States Pipe & Foundry Co.
Petition for certiorari denied on June 26, 2023
Issues: (1) Whether the equitable right to compel a coal company covered by the Coal Industry Retiree Health Benefit Act of 1992 to maintain an individual employer plan is a dischargeable “claim” under 11 U.S.C. § 101(5)(B); and (2) whether the U.S. Court of Appeals for the 11th Circuit erred in holding that a covered company’s obligations under the Coal Act arose, once and for all time, when the act became law, such that a bankruptcy discharge relieves a company from its statutory obligations to maintain a plan and pay Coal Act premiums incurred after bankruptcy. CVSG: 5/23/2023
| Date | Proceedings and Orders (key to color coding) |
|---|
| Aug 01 2022 | Petition for a writ of certiorari filed. (Response due September 6, 2022) |
| Aug 29 2022 | Waiver of right of respondent United States Pipe & Foundry Co., LLC, et al. to respond filed. |
| Aug 31 2022 | DISTRIBUTED for Conference of 9/28/2022. |
| Sep 07 2022 | Response Requested. (Due October 7, 2022) |
| Sep 13 2022 | Motion to extend the time to file a response from October 7, 2022 to November 7, 2022, submitted to The Clerk. |
| Sep 14 2022 | Motion to extend the time to file a response is granted and the time is extended to and including November 7, 2022. |
| Nov 07 2022 | Brief of respondents United States Pipe & Foundry Co., LLC, et al. in opposition filed. |
| Nov 21 2022 | Reply of petitioners Micheal W. Buckner, as Trustee of the United Mine Workers of America Combined Benefit Fund, et al. filed. (Distributed) |
| Nov 22 2022 | DISTRIBUTED for Conference of 12/9/2022. |
| Dec 12 2022 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| May 23 2023 | Brief amicus curiae of United States filed. |
| Jun 06 2023 | DISTRIBUTED for Conference of 6/22/2023. |
| Jun 06 2023 | Supplemental brief of petitioners Micheal W. Buckner, as Trustee of the United Mine Workers of America Combined Benefit Fund, et al. filed. (Distributed) |
| Jun 06 2023 | Supplemental brief of respondents United States Pipe & Foundry Co., LLC, et al. filed. (Distributed) |
| Jun 26 2023 | Petition DENIED. |
