Czyzewski v. Jevic Holding Corporation
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-649 | 3d Cir. | Dec 7, 2016 | Mar 22, 2017 | 6-2 | Breyer | OT 2016 |
Holding: (1) The petitioners -- a group of former truck-drivers for Jevic Transportation, the respondent -- have Article III standing; and (2) bankruptcy courts may not approve structured dismissals of Chapter 11 bankruptcy cases that provide for asset distributions which do not follow ordinary priority rules established by the Bankruptcy Code without the consent of affected creditors.
Judgment: Reversed and remanded, 6-2, in an opinion by Justice Breyer on March 22, 2017. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.
SCOTUSblog Coverage
- Opinion analysis: Bankruptcy priority rules may not be evaded in Chapter 11 structured dismissals (Daniel Bussel, March 23, 2017)
- Argument analysis: Narrow reversal in Jevic seems likely (Daniel Bussel, December 8, 2016)
- Argument preview: Dismissing Chapter 11 (Daniel Bussel, November 30, 2016)
- Court to hear major new controversies -- next Term (Lyle Denniston, June 28, 2016)
- Solicitor General responds to the Court's invitations (Amy Howe, May 29, 2016)
| Date | Proceedings and Orders |
|---|---|
| 11/16/2015 | Petition for a writ of certiorari filed. (Response due December 17, 2015) |
| 11/30/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| 12/01/2015 | Order extending time to file response to petition to and including January 19, 2016. |
| 12/01/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 12/16/2015 | Brief amici curiae of Law Professors filed. |
| 12/17/2015 | Brief amici curiae of National Employment Law Project and National Consumers League filed. |
| 12/17/2015 | Brief amici curiae of States of Illinois, et al. filed. |
| 01/19/2016 | Brief of respondents Jevic Holding Corp., et al. in opposition filed. |
| 02/02/2016 | Reply of petitioners Casimir Czyzewski, et al. filed. |
| 02/03/2016 | DISTRIBUTED for Conference of February 19, 2016. |
| 02/29/2016 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 05/23/2016 | Brief amicus curiae of United States filed. |
| 06/06/2016 | Supplemental brief of respondents Jevic Holding Corp., et al. filed. |
| 06/07/2016 | DISTRIBUTED for Conference of June 23, 2016. |
| 06/27/2016 | DISTRIBUTED for Conference of June 27, 2016. |
| 06/28/2016 | Petition GRANTED. |
| 08/05/2016 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 26, 2016. |
| 08/05/2016 | The time to file respondents' brief on the merits is extended to and including October 12, 2016. |
| 08/18/2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.. |
| 08/26/2016 | Brief of petitioners Casimir Czyzewski, et al. filed. |
| 08/26/2016 | Joint appendix filed. (Statement of costs filed.) |
| 08/28/2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners. |
| 09/02/2016 | Brief amicus curiae of United States filed. |
| 09/02/2016 | Brief amicus curiae of Loan Syndications and Trading Association filed. |
| 09/02/2016 | Brief amici curiae of National Employment Law Project, et al. filed. |
| 09/02/2016 | Brief amici curiae of Law Professors filed. |
| 09/02/2016 | Brief amici curiae of Illinois, et al. filed. |
| 10/06/2016 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 10/12/2016 | Brief of respondents Jevic Holding Corp., et al. filed. |
| 10/17/2016 | Brief amici curiae of Law Professors David Gray Carlson, Jack F. Williams, and David R. Kuney filed. |
| 10/17/2016 | Brief amici curiae of Professors Jagdeep S. Bhandari, et al. filed. |
| 10/21/2016 | SET FOR ARGUMENT on Monday, November 28, 2016 |
| 10/26/2016 | CIRCULATED. |
| 11/01/2016 | Record requested from the U.S.C.A 3rd Circuit. |
| 11/07/2016 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 11/14/2016 | Reply of petitioners Casimir Czyzewski, et al. filed. (Distributed) |
| 11/14/2016 | Record received from the U.S.C.A. 3rd Circuit is electronic. |
| 11/14/2016 | Record received from the U.S.D.C. for the District of Delaware is electronic. |
| 11/18/2016 | ARGUMENT date changed. SET FOR ARGUMENT on Wednesday, December 7, 2016. |
| 12/07/2016 | Argued. For petitioners: Danielle Spinelli, Washington, D. C.; and Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Christopher Landau, Washington, D. C. |
| 03/22/2017 | Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined. |
| 04/24/2017 | JUDGMENT ISSUED. |