|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-145||5th Cir.||Mar 1, 2016||May 16, 2016||7-1||Sotomayor||OT 2015|
Holding: The term "actual fraud" in Section 523(a)(2)(A) of the Bankruptcy Code encompasses fraudulent conveyance schemes, even when those schemes do not involve a false representation.
Judgment: Reversed and remanded, 7-1, in an opinion by Justice Sotomayor on May 16, 2016. Justice Thomas filed a dissenting opinion.
|Date||Proceedings and Orders |
|Jul 30 2015||Petition for a writ of certiorari filed. (Response due August 31, 2015)|
|Aug 28 2015||Order extending time to file response to petition to and including September 30, 2015.|
|Sep 30 2015||Brief of respondent Daniel Lee Ritz, Jr. in opposition filed.|
|Oct 13 2015||Reply of petitioner Husky International Electronics, Inc. filed. (Distributed)|
|Oct 14 2015||DISTRIBUTED for Conference of October 30, 2015.|
|Nov 2 2015||DISTRIBUTED for Conference of November 6, 2015.|
|Nov 6 2015||Petition GRANTED.|
|Dec 21 2015||Joint appendix filed. (Statement of costs filed)|
|Dec 21 2015||Brief of petitioner Husky International Electronics, Inc. filed.|
|Dec 23 2015||SET FOR ARGUMENT ON Tuesday, March 1, 2016|
|Dec 23 2015||Brief amicus curiae of National Association of Bankruptcy Trustees filed.|
|Dec 28 2015||Brief amicus curiae of United States filed.|
|Dec 28 2015||Brief amici curiae of Bankruptcy Law Professors filed.|
|Jan 5 2016||Record requested from the U.S.C.A. 5th Circuit.|
|Jan 5 2016||Records from the U.S.C.A. 5th Circuit, as well as U.S.D.C. Southern Dist. of Texas is electronic and located on PACER.|
|Jan 15 2016||CIRCULATED.|
|Jan 15 2016||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Jan 20 2016||Brief of respondent Daniel Lee Ritz, Jr. filed. (Distributed)|
|Jan 25 2016||Brief amicus curiae of National Association of Consumer Bankruptcy Attorneys filed. (Distributed)|
|Jan 25 2016||Brief amici curiae of Professors Richard Aaron, et al. filed. (Distributed)|
|Jan 27 2016||Brief amicus curiae of G. Eric Brunstad, Jr. filed. (Distributed)|
|Feb 18 2016||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Feb 19 2016||Reply of petitioner Husky International Electronics, Inc. filed. (Distributed)|
|Mar 1 2016||Argued. For petitioner: Shay Dvoretzky, 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 respondent: Erin E. Murphy, Washington, D. C.|
|May 16 2016||Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Alito, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion.|
|Jun 17 2016||JUDGMENT ISSUED|
A surprising stat at this point in the term: Both Kagan and Breyer have been in the majority slightly more often than Alito.
Kavanaugh continues to have the highest rate (as he has for most of the term). Sotomayor has the lowest.
Still 15 cases left. So this could all change.
The first two pieces in our symposium on yesterday's decision in Fulton v. Philadelphia are up. First, @JimOleske dissects the decision in light of the court's shadow-docket ruling in Tandon v. Newsom, which took a very different approach to free exercise.
Fulton quiets Tandon’s thunder: A free exercise puzzle - SCOTUSblog
This article is the first entry in a symposium on the court’s decision in Fulton v. City of Philadelphia. ...
Number of pages written by each justice in the five decisions handed down this week (majority opinions, concurrences, and dissents all included):
While today's decision in Fulton v. Philadelphia is a win for a Catholic group seeking to participate in the city's foster program, it stops short of the broad endorsement of religious freedom the challengers had hoped for. Here's @AHoweBlogger's analysis:
Court holds that city’s refusal to make referrals to faith-based agency violates Constitution - SCOTUSblog
In a clash between religious freedom and public policies that protect LGBTQ people, the Supreme Court ruled Thursday...
Now do we say that Sonia Sotomayor and the other liberals supported child slavery by all voting for Nestle today? Of course not. And Nestle’s lawyers like @Neal_katyal obviously don’t either. The cheap attacks on the court and thoughtful lawyers did not age well. -tg
The claim @nealkatyal was defending slavery is flat wrong & libelous. Here is what he actually said, which is the reverse: child slavery is abhorrent, criminal, horrific. Remember in a pending case he can't comment, so read what he really said in full.
Tired from this morning's momentous opinions? Get ready to do it all again next week -- three times. The court just revealed that next Monday, Wednesday and Friday will all be opinion days.
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