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OXY USA Inc. v. Schell

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Petition for certiorari denied on November 7, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
16-107 10th Cir. N/A N/A N/A N/A OT 16

Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.

Issue: Whether the fact that a pending appeal “played no significant role” in an appellant's voluntary conduct mooting a case, Alvarez v. Smith, is entitled to controlling weight in determining whether a lower court judgment should be vacated, as a majority of courts of appeals have held; or whether a party must make an additional showing of compelling circumstances warranting vacatur, as the 10th Circuit held in this case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 3 2016Application (15A1243) to extend the time to file a petition for a writ of certiorari from June 19, 2016 to July 20, 2016, submitted to Justice Sotomayor.
Jun 9 2016Application (15A1243) granted by Justice Sotomayor extending the time to file until July 20, 2016.
Jul 20 2016Petition for a writ of certiorari filed. (Response due August 22, 2016)
Aug 19 2016Brief of respondents David Schell, et al. in opposition filed.
Sep 23 2016Reply of petitioner OXY USA Inc. filed.
Oct 12 2016DISTRIBUTED for Conference of October 28, 2016.
Oct 24 2016Supplemental brief of petitioner OXY USA Inc. filed. (Distributed)
Oct 26 2016Supplemental brief of respondents David Schell, et al. filed. (Distributed)
Oct 31 2016DISTRIBUTED for Conference of November 4, 2016.
Nov 7 2016Petition DENIED.