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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 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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 13 2016Petition for a writ of certiorari filed. (Response due July 15, 2016)
Jul 12 2016Order extending time to file response to petition to and including August 15, 2016, for all respondents.
Aug 15 2016Brief of respondent The Village at Lakeridge, LLC in opposition filed.
Aug 31 2016DISTRIBUTED for Conference of September 26, 2016.
Oct 03 2016The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Feb 13 2017Brief amicus curiae of United States filed.
Feb 28 2017Reply of petitioner U.S. Bank National Association, Trustee, et al. filed.
Mar 01 2017DISTRIBUTED for Conference of March 17, 2017.
Mar 20 2017DISTRIBUTED for Conference of March 24, 2017.
Mar 27 2017Petition GRANTED limited to Question 2 presented by the petition.
Apr 21 2017The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 12, 2017.
Apr 21 2017The time to file respondents' brief on the merits is extended to and including August 11, 2017.
Jun 12 2017Joint appendix filed.
Jun 12 2017Brief of petitioner U.S. Bank National Association, Trustee, et al. filed.
Aug 11 2017Brief of respondent The Village at Lakeridge, LLC filed.
Aug 18 2017Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 18 2017Brief amicus curiae of the United States filed.
Aug 31 2017SET FOR ARGUMENT on Tuesday, October 31, 2017.
Sep 07 2017CIRCULATED
Sep 11 2017Reply of petitioners U.S. Bank National Association, Trustee, et al. filed. (Distributed)
Sep 12 2017Record requested from the U.S.C.A. 9th Circuit.
Sep 25 2017Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 31 2017Argued. 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 2018Adjudged 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 2018JUDGMENT ISSUED.