PEM Entities LLC v. Levin

Writ of certiorari dismissed as improvidently granted on August 10, 2017.

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-492	4th Cir.	TBD	TBD	TBD	TBD	OT 2017

Issue: Whether bankruptcy courts should apply a federal rule of decision (as five circuits have held) or a state law rule of decision (as two circuits have held, expressly acknowledging a split of authority) when deciding to recharacterize a debt claim in bankruptcy as a capital contribution.

SCOTUSblog Coverage

In Recess #3: "Third Class Webelo" (First Mondays)
Surprise dismissal of bankruptcy case seemingly prompted by change in claim ownership (Danielle D'Onfro)
Today's orders (Amy Howe)
Petition of the day (Kate Howard)

Date	Proceedings and Orders (key to color coding)
Oct 11 2016	Petition for a writ of certiorari filed. (Response due November 14, 2016)
Oct 19 2016	Waiver of right of respondent Eric M. Levin, et al. to respond filed.
Nov 02 2016	DISTRIBUTED for Conference of November 22, 2016.
Nov 07 2016	Response Requested. (Due December 7, 2016)
Dec 02 2016	Order extending time to file response to petition to and including December 14, 2016.
Dec 14 2016	Order further extending time to file response to petition to and including February 14, 2017.
Feb 16 2017	Order further extending time to file response to petition to and including February 28, 2017.
Feb 28 2017	Brief of respondents Eric M. Levin, et al. in opposition filed.
Mar 14 2017	Reply of petitioner PEM Entities LLC filed.
Mar 15 2017	DISTRIBUTED for Conference of March 31, 2017.
Mar 27 2017	Rescheduled.
Jun 06 2017	DISTRIBUTED for Conference of June 22, 2017.
Jun 26 2017	DISTRIBUTED for Conference of June 26, 2017.
Jun 27 2017	Petition GRANTED.
Jul 21 2017	Motion to confirm party status of Province Grande Olde Liberty, LLC filed by petitioners and counsel for Province Grande Olde Liberty, LLC.
Jul 24 2017	Responses or objections to the motion to confirm party status shall be filed with this Court and served upon counsel on or before August 4, 2017.
Jul 27 2017	The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 11, 2017.
Aug 10 2017	The petition for a writ of certiorari is DISMISSED as improvidently granted.
Aug 10 2017	Joint motion to confirm party status of PEM Entities LLC and Province Grande Olde Liberty, LLC is DISMISSED as moot.
Oct 25 2017	JUDGMENT ISSUED.

Featured Posts

Remembering Justice Stevens: A lost link to our past – Gregory Garre

Challengers respond in dispute over funding for border wall – Amy Howe

Justice Stevens at oral argument: Often fatal; always kind – Paul Clement
Sponsored by Casetext
SCOTUStalk see all
Email Digest Sign-Up
Receive a daily email digest from Feedburner by entering your email.
Merits Case Pages and Archives

Archives

or

This Week at the Court
The justices are on their summer recess.
Major Cases
- Department of Commerce v. New York
  The secretary of the Department of Commerce did not violate the enumeration clause or the Census Act in deciding to reinstate a citizenship question on the 2020 census questionnaire, but the district court was warranted in remanding the case back to the agency where the evidence tells a story that does not match the secretary’s explanation for his decision.
- Kisor v. Wilkie
  Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- Rucho v. Common Cause
  Partisan gerrymandering claims present political questions beyond the reach of the federal courts.
- The American Legion v. American Humanist Association
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Lamone v. Benisek Partisan gerrymandering claims present political questions beyond the reach of the federal courts.
- Department of Commerce v. New York The secretary of the Department of Commerce did not violate the enumeration clause or the Census Act in deciding to reinstate a citizenship question on the 2020 census questionnaire, but the district court was warranted in remanding the case back to the agency where the evidence tells a story that does not match the secretary’s explanation for his decision.
- Mitchell v. Wisconsin The Wisconsin Supreme Court’s judgment – affirming the drunk-driving convictions of Gerald Mitchell, who was administered a warrantless blood test while he was unconscious – is vacated, and the case is remanded.
- Rucho v. Common Cause Partisan gerrymandering claims present political questions beyond the reach of the federal courts.
- Kisor v. Wilkie Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- Tennessee Wine & Spirits Retailers Association v. Thomas Tennessee’s 2-year durational-residency requirement applicable to retail liquor store license applicants violates the commerce clause and is not saved by the 21st Amendment.
- United States v. Haymond The U.S. Court of Appeals for the 10th Circuit’s judgment – that 18 U. S. C. §3583(k)’s last two sentences are unconstitutional and unenforceable – is vacated, and the case is remanded.
- Food Marketing Institute v. Argus Leader Media Where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of 5 U. S. C. §552(b)(4), the Freedom of Information Act’s Exemption 4.
- Iancu v. Brunetti The Lanham Act prohibition on the registration of “immoral” or “scandalous” trademarks infringes the First Amendment.
- The Dutra Group v. Batterton A plaintiff may not recover punitive damages on a maritime claim of unseaworthiness.
- United States v. Davis Title 18 U. S. C. §924(c)(3)(B), which provides enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague.
see all this term’s cases »
Current Relists
Recent Special Features
Statistical Snapshot

Cases argued 70

Cases decided 67

Summary reversals 5

Merits cases granted to date 74

see all »
Live Blog Archives
See all
Twitter Feed

Tweets by @SCOTUSblog

Majority Opinions by Author
Voting Breakdown Argued Cases

Calendar: July 2019
Full Calendar Submit Event

July 2019

Su Mo Tu We Th Fr Sa

1

2

3

4
Holiday

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31
- Orders/Opinions
- Arguments
- Conferences
- Events
- Holidays
- Multiple

Su	Mo	Tu	We	Th	Fr	Sa
	1	2	3	4 Holiday	5	6
7	8	9	10	11	12	13
14	15	16	17	18	19	20
21	22	23	24	25	26	27
28	29	30	31

Download our App in the Apple Store
Videos see all

Justice Kagan pays tribute to Justice Stevens

On July 22 in the Great Hall of the Supreme Court, Justice Elena Kagan paid tribute to her predecessor on the bench, the late Justice John Paul Stevens, who died on July 16 at age 99.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

Cases argued	70
Cases decided	67
Summary reversals	5
Merits cases granted to date	74

Editor's Note :

PEM Entities LLC v. Levin

SCOTUSblog Coverage

Featured Posts

Remembering Justice Stevens: A lost link to our past – Gregory Garre

Challengers respond in dispute over funding for border wall – Amy Howe

Justice Stevens at oral argument: Often fatal; always kind – Paul Clement

Sponsored by Casetext

SCOTUStalk see all

Email Digest Sign-Up

Merits Case Pages and Archives

This Week at the Court

Major Cases

Recent Decisions

Current Relists

Recent Special Features

Statistical Snapshot

Live Blog Archives

Twitter Feed

Majority Opinions by Author

Voting Breakdown Argued Cases

Calendar: July 2019

July 2019

Holiday

Download our App in the Apple Store

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award