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NexPoint Advisors, L.P. v. Highland Capital Management, L.P.

Pending petition

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Docket No. Op. Below Argument Opinion Vote Author Term
22-669 5th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether a bankruptcy court may exculpate third-party misconduct that falls short of gross negligence, on the theory that bankruptcy trustees have common-law immunity for such misconduct; and (2) whether a bankruptcy court may exculpate parties from ordinary post-bankruptcy business liabilities. CVSG: 10/19/2023

DateProceedings and Orders (key to color coding)
Oct 06 2022Application (22A303) to extend the time to file a petition for a writ of certiorari from December 6, 2022 to January 20, 2023, submitted to Justice Alito.
Oct 12 2022Application (22A303) granted by Justice Alito extending the time to file until January 5, 2023.
Dec 16 2022Application (22A303) to extend further the time from January 5, 2023 to January 16, 2023, submitted to Justice Alito.
Dec 21 2022Application (22A303) granted by Justice Alito extending the time to file until January 16, 2023.
Jan 16 2023Petition for a writ of certiorari filed. (Response due February 21, 2023)
Feb 21 2023Brief of respondent Highland Capital Management, L.P. in opposition filed.
Mar 06 2023Reply of petitioners NexPoint Advisors, L.P., et al. filed. (Distributed)
Mar 08 2023DISTRIBUTED for Conference of 3/24/2023.
Mar 20 2023Response Requested. (Due April 19, 2023)
Apr 11 2023Letter dated April 11, 2023 from counsel for respondents Highland Income Fund, et al. filed.
Apr 19 2023Response to petition from respondents The Dugaboy Investment Trust and Get Good Trust filed. VIDED.
Apr 21 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Apr 25 2023DISTRIBUTED for Conference of 5/11/2023.
May 15 2023The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Oct 19 2023Brief amicus curiae of United States filed. VIDED.
Nov 06 2023Supplemental brief of petitioners NexPoint Advisors, L.P., et al. filed. VIDED. (Distributed)
Nov 08 2023DISTRIBUTED for Conference of 12/1/2023.
Dec 01 2023Rescheduled.
Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.