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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Conference of May 16, 2019

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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Academic highlight: The states arguing as amici curiae in the Supreme Court – Dan Schweitzer

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Ask the author: “So Long, Earl” – Andrew Hamm
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  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.
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  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.
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  (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.
- 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.
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- 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.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
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Summary reversals 4

Merits cases granted to date 73

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Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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16
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20
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