Noble Energy Inc. v. ConocoPhillips Co.

Petition for certiorari denied on October 1, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-1438 Tex. N/A N/A N/A N/A OT 2018

Issues: (1) Whether a state court may impose onerous contractual obligations on a non-signatory to the contract by disregarding the full-disclosure requirements of federal bankruptcy law and foisting the undisclosed perpetual indemnity obligation of a Chapter 11 debtor upon an unknowing purchaser of related assets; and (2) whether boilerplate “assumed-unless-rejected” language in a bankruptcy reorganization plan renders an undisclosed executory contract assumed under 11 U.S.C. § 365.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 09 2018Application (17A856) to extend the time to file a petition for a writ of certiorari from March 15, 2018 to April 16, 2018, submitted to Justice Sotomayor. (Justice Alito is recused.)
Feb 12 2018Application (17A856) granted by Justice Sotomayor extending the time to file until April 16, 2018.
Apr 16 2018Petition for a writ of certiorari filed. (Response due May 18, 2018)
Apr 27 2018Motion to extend the time to file a response from May 18, 2018 to June 18, 2018, submitted to The Clerk.
Apr 30 2018Motion to extend the time to file a response is granted and the time is extended to and including June 18, 2018.
May 14 2018Brief amicus curiae of Plains All American Pipeline, L.P. filed.
Jun 18 2018Brief of respondent ConocoPhillips Co. in opposition filed.
Jul 02 2018Reply of petitioner Noble Energy, Inc. filed.
Jul 03 2018DISTRIBUTED for Conference of 9/24/2018.
Oct 01 2018Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
Term Snapshot