U.S. Bank National Association v. Village at Lakeridge

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U.S. Bank National Association v. Village at Lakeridge

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-1509	9th Cir.	Oct 31, 2017 Tr.Aud.	Mar 5, 2018	9-0	Kagan	OT 2017

Holding: The U.S. Court of Appeals for the 9th Circuit was right to review the Bankruptcy Court’s determination of non-statutory insider status for clear error (rather than de novo).

Judgment: Affirmed, 9-0, in an opinion by Justice Kagan on March 5, 2018. Justice Kennedy filed a concurring opinion. Justice Sotomayor filed a concurring opinion, in which Justices Kennedy, Thomas, and Gorsuch joined.

Opinion analysis: Justices approve deferential review of bankruptcy-court determinations on “insider” status (Ronald Mann)
Argument analysis: Justices unsure whether to resolve case about standard of review for findings of insider status (Ronald Mann)
Argument preview: Bankruptcy case will have justices pondering standard of review for mixed questions of law and fact (Ronald Mann)
Today’s orders – Two grants, one CVSG, still no Masterpiece Cakeshop (Amy Howe)
Justices issue additional orders from September 26 conference (Update) (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Jun 13 2016	Petition for a writ of certiorari filed. (Response due July 15, 2016)
Jul 12 2016	Order extending time to file response to petition to and including August 15, 2016, for all respondents.
Aug 15 2016	Brief of respondent The Village at Lakeridge, LLC in opposition filed.
Aug 31 2016	DISTRIBUTED for Conference of September 26, 2016.
Oct 03 2016	The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Feb 13 2017	Brief amicus curiae of United States filed.
Feb 28 2017	Reply of petitioner U.S. Bank National Association, Trustee, et al. filed.
Mar 01 2017	DISTRIBUTED for Conference of March 17, 2017.
Mar 20 2017	DISTRIBUTED for Conference of March 24, 2017.
Mar 27 2017	Petition GRANTED limited to Question 2 presented by the petition.
Apr 21 2017	The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 12, 2017.
Apr 21 2017	The time to file respondents' brief on the merits is extended to and including August 11, 2017.
Jun 12 2017	Joint appendix filed.
Jun 12 2017	Brief of petitioner U.S. Bank National Association, Trustee, et al. filed.
Aug 11 2017	Brief of respondent The Village at Lakeridge, LLC filed.
Aug 18 2017	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 18 2017	Brief amicus curiae of the United States filed.
Aug 31 2017	SET FOR ARGUMENT on Tuesday, October 31, 2017.
Sep 07 2017	CIRCULATED
Sep 11 2017	Reply of petitioners U.S. Bank National Association, Trustee, et al. filed. (Distributed)
Sep 12 2017	Record requested from the U.S.C.A. 9th Circuit.
Sep 25 2017	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 31 2017	Argued. For petitioners: Gregory A. Cross, Baltimore, Md. For respondents: Daniel L. Geyser, Dallas, Tex.; and Morgan Goodspeed, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Mar 05 2018	Adjudged to be AFFIRMED. Kagan, J., delivered the opinion for a unanimous Court. Kennedy, J., filed a concurring opinion. Sotomayor, J., filed a concurring opinion, in which Kennedy, Thomas, and Gorsuch, JJ., joined.
Apr 06 2018	JUDGMENT ISSUED.

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This Week at the Court
The Supreme Court released orders from the March 22 conference on Monday; the justices did not add any new cases to their merits docket for next term.
There is a possibility of opinions on Tuesday and Wednesday.
On Monday, the justices heard oral argument in PDR Network, LLC v. Carlton & Harris Chiropractic Inc. and The Dutra Group v. Batterton.
On Tuesday, the justices hear oral argument in Rucho v. Common Cause and Lamone v. Benisek.
On Wednesday, the justices hear oral argument in Kisor v. Wilkie.
On Friday, the justices meet for their March 29 conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Frank v. Gaos This class action settlement case is remanded for the courts below to address the plaintiffs’ standing in light of Spokeo, Inc. v. Robins.
- Obduskey v. McCarthy & Holthus LLP A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for the limited purpose of enforcing security interests under 15 U. S. C. §1692f(6).
- Air and Liquid Systems Corp. v. DeVries In the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users will realize that danger.
- Nielsen v. Preap The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U. S. C. §1226(c)(2)’s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.
- Washington State Department of Licensing v. Cougar Den Inc. The Supreme Court of Washington’s judgment -- that the “right to travel” provision of the 1855 Treaty Between the United States and the Yakama Nation of Indians pre-empts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation -- is affirmed.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 52

Cases decided 26

Summary reversals 4

Merits cases granted to date 74

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Justice Sotomayor and Eva Longoria Bastón

On March 1, Justice Sonia Sotomayor spoke with actress Eva Longoria Bastón about Sotomayor’s life, her new children’s book and more.

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Cases argued	52
Cases decided	26
Summary reversals	4
Merits cases granted to date	74

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)
Opinions

27
KISOR V. WILKIE (18-15)
Opinions

29
Conference