Czyzewski v. Jevic Holding Corporation

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-649	3d Cir.	Dec 7, 2016 Tr.Aud.	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)
Argument analysis: Narrow reversal in Jevic seems likely (Daniel Bussel)
Argument preview: Dismissing Chapter 11 (Daniel Bussel)
Court to hear major new controversies -- next Term (Lyle Denniston)
Solicitor General responds to the Court's invitations (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Nov 16 2015	Petition for a writ of certiorari filed. (Response due December 17, 2015)
Nov 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.
Dec 1 2015	Order extending time to file response to petition to and including January 19, 2016.
Dec 1 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Dec 16 2015	Brief amici curiae of Law Professors filed.
Dec 17 2015	Brief amici curiae of National Employment Law Project and National Consumers League filed.
Dec 17 2015	Brief amici curiae of States of Illinois, et al. filed.
Jan 19 2016	Brief of respondents Jevic Holding Corp., et al. in opposition filed.
Feb 2 2016	Reply of petitioners Casimir Czyzewski, et al. filed.
Feb 3 2016	DISTRIBUTED for Conference of February 19, 2016.
Feb 29 2016	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 23 2016	Brief amicus curiae of United States filed.
Jun 6 2016	Supplemental brief of respondents Jevic Holding Corp., et al. filed.
Jun 7 2016	DISTRIBUTED for Conference of June 23, 2016.
Jun 27 2016	DISTRIBUTED for Conference of June 27, 2016.
Jun 28 2016	Petition GRANTED.
Aug 5 2016	The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 26, 2016.
Aug 5 2016	The time to file respondents' brief on the merits is extended to and including October 12, 2016.
Aug 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..
Aug 26 2016	Brief of petitioners Casimir Czyzewski, et al. filed.
Aug 26 2016	Joint appendix filed. (Statement of costs filed.)
Aug 28 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.
Sep 2 2016	Brief amicus curiae of United States filed.
Sep 2 2016	Brief amicus curiae of Loan Syndications and Trading Association filed.
Sep 2 2016	Brief amici curiae of National Employment Law Project, et al. filed.
Sep 2 2016	Brief amici curiae of Law Professors filed.
Sep 2 2016	Brief amici curiae of Illinois, et al. filed.
Oct 6 2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 12 2016	Brief of respondents Jevic Holding Corp., et al. filed.
Oct 17 2016	Brief amici curiae of Law Professors David Gray Carlson, Jack F. Williams, and David R. Kuney filed.
Oct 17 2016	Brief amici curiae of Professors Jagdeep S. Bhandari, et al. filed.
Oct 21 2016	SET FOR ARGUMENT on Monday, November 28, 2016
Oct 26 2016	CIRCULATED.
Nov 1 2016	Record requested from the U.S.C.A 3rd Circuit.
Nov 7 2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 14 2016	Reply of petitioners Casimir Czyzewski, et al. filed. (Distributed)
Nov 14 2016	Record received from the U.S.C.A. 3rd Circuit is electronic.
Nov 14 2016	Record received from the U.S.D.C. for the District of Delaware is electronic.
Nov 18 2016	ARGUMENT date changed. SET FOR ARGUMENT on Wednesday, December 7, 2016.
Dec 7 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.
Mar 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.
Apr 24 2017	JUDGMENT ISSUED.

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Czyzewski v. Jevic Holding Corporation

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Peabody Award

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