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MOAC Mall Holdings LLC v. Transform Holdco LLC
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-1270 | 2nd Cir. |
Dec 5, 2022 |
Apr 19, 2023 | 9-0 | Jackson | OT 2022 |
Holding: Section 363(m) of the Bankruptcy Code — which restricts the effects of certain successful appeals of judicially authorized sales or leases of bankruptcy-estate property — is not a jurisdictional provision.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Jackson on April 19, 2023.
SCOTUSblog Coverage
- Court rules in favor of Mall of America in dispute over Sears lease (Ronald Mann, April 20, 2023)
- Justices dubious about rejecting jurisdiction of appellate courts to review bankruptcy orders (Ronald Mann, December 6, 2022)
- Justices to consider jurisdiction of appellate courts to review bankruptcy orders (Ronald Mann, December 3, 2022)
- December argument session will feature divisive cases on election law, First Amendment (Amy Howe, October 18, 2022)
- Justices agree to hear technical bankruptcy case but won’t reconsider pillar of defamation law (Amy Howe, June 27, 2022)
- The independent state legislature theory and more on jurisdiction (John Elwood, June 23, 2022)
- The independent-state-legislature theory for congressional maps and liability for cities under the ADA (Andrew Hamm, April 8, 2022)
| Date | Proceedings and Orders |
|---|---|
| Mar 17 2022 | Petition for a writ of certiorari filed. (Response due April 20, 2022) |
| Mar 24 2022 | Motion to extend the time to file a response from April 20, 2022 to May 20, 2022, submitted to The Clerk. |
| Mar 25 2022 | Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2022. |
| May 20 2022 | Brief of respondents Transform Holdco LLC and Sears Holdings Corporation in opposition filed. |
| May 27 2022 | Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioner. |
| May 31 2022 | DISTRIBUTED for Conference of 6/16/2022. |
| May 31 2022 | Reply of petitioner MOAC Mall Holdings LLC filed. (Distributed) |
| Jun 21 2022 | DISTRIBUTED for Conference of 6/23/2022. |
| Jun 27 2022 | Petition GRANTED. |
| Jul 12 2022 | Motion for an extension of time to file the briefs on the merits filed. |
| Jul 22 2022 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2022. The time to file respondents' on the merits is extended to and including October 19, 2022. |
| Aug 23 2022 | Blanket Consent filed by Petitioner, MOAC Mall Holdings LLC |
| Aug 29 2022 | Brief of petitioner MOAC Mall Holdings LLC filed. |
| Aug 29 2022 | Joint appendix filed. (Statement of costs filed) |
| Aug 30 2022 | Brief amici curiae of The Hon. Judith Fitzgerald (Bankruptcy Judge, Ret.), et al. filed. |
| Sep 06 2022 | Brief amicus curiae of United States filed. |
| Sep 08 2022 | Blanket Consent filed by Respondent, Transform Holdco LLC and Sears Holdings Corporation |
| Oct 18 2022 | SET FOR ARGUMENT on Monday, December 5, 2022. |
| Oct 19 2022 | Brief of respondent Transform Holdco LLC filed. |
| Oct 24 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. |
| Oct 25 2022 | CIRCULATED. |
| Oct 28 2022 | Record requested from the U.S.C.A. 2nd Circuit. |
| Oct 28 2022 | Record received from the U.S.C.A. for the Second Circuit. The record is electronic and available on PACER, excluding one sealed item (docket 82) which was transmitted electronically. |
| Nov 07 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. |
| Nov 18 2022 | Reply of petitioner MOAC Mall Holdings LLC filed. (Distributed) |
| Dec 05 2022 | Argued. For petitioner: Douglas H. Hallward-Driemeier, Washington, D. C.; and Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: G. Eric Brunstad, Jr., New Haven, Conn. |
| Jan 20 2023 | Record received from the U.S.D.C. for the Southern District of New York (1 envelope with sealed documents 18, 19 & 21). |
| Apr 19 2023 | Judgment VACATED and case REMANDED. Jackson, J., delivered the opinion for a unanimous Court. |
| May 17 2023 | Record returned to the U.S.D.C. for the Southern District of New York (1 envelope with sealed documents 18, 19 & 21). |
| May 22 2023 | Judgment issued. |
