Baker Botts, L.L.P. v. ASARCO, L.L.C.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-103 | 5th Cir. | Feb 25, 2015 | Jun 15, 2015 | 6-3 | Thomas | OT 2014 |
Holding: Section 330(a)(1) of the Bankruptcy Code does not permit bankruptcy courts to award fees for defending fee applications to professionals hired under Section 327(a) of the Bankruptcy Code.
Judgment: Affirmed, 6-3, in an opinion by Justice Thomas on June 15, 2015. Justice Sotomayor joined Justice Thomas's opinion as to all but Part III-B-2. Justice Sotomayor also filed an opinion concurring in part and concurring in the judgment. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg and Kagan joined.
SCOTUSblog Coverage
- Opinion analysis: Divided Court rules that American Rule bars fees for litigation over attorneys fees in bankruptcy (Ronald Mann, June 16, 2015)
- A View from the Courtroom: The Goldbergs (Mark Walsh, June 15, 2015)
- Argument recap: Justices dubious of paying fees for defending bankruptcy fee applications (Ronald Mann, February 26, 2015)
- Argument preview: Court to enter fray of attorney compensation for work in bankruptcy cases (Ronald Mann, February 23, 2015)
- Petition of the day (Maureen Johnston, September 12, 2014)
| Date | Proceedings and Orders |
|---|---|
| 07/29/2014 | Petition for a writ of certiorari filed. (Response due August 29, 2014) |
| 07/31/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 08/15/2014 | Brief of respondent ASARCO, L.L.C. in opposition filed. |
| 08/29/2014 | Brief amicus curiae of The State Bar of Texas Bankruptcy Law Section filed. |
| 08/29/2014 | Brief amicus curiae of The Business Law Section of The Florida Bar filed. |
| 09/02/2014 | Reply of petitioners Baker Botts, L.L.P., et al. filed. |
| 09/03/2014 | DISTRIBUTED for Conference of September 29, 2014. |
| 10/02/2014 | Petition GRANTED. |
| 10/08/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 10/22/2014 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 3, 2014. |
| 10/22/2014 | The time to file respondent's brief on the merits is extended to and including January 20, 2015. |
| 11/10/2014 | Motion to dispense with printing the joint appendix filed by petitioners Baker Botts, L.L.P., et al. |
| 11/17/2014 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 12/03/2014 | Brief of petitioners Baker Botts, L.L.P., et al. filed. |
| 12/08/2014 | Brief amicus curiae of National Association of Bankruptcy Trustees filed. |
| 12/10/2014 | Brief amicus curiae of Neutral Fee Examiners in support of neither party filed. |
| 12/10/2014 | Brief amici curiae of Committee on Bankruptcy and Corporate Reorganization of the Association of the Bar of the City of New York, et al. filed. |
| 12/10/2014 | Brief amicus curiae of National Association of Consumer Bankruptcy Attorneys filed. |
| 12/10/2014 | Brief amicus curiae of United States filed. |
| 12/10/2014 | Proposal from counsel for amicus curiae National Association of Consumer Bankruptcy Attorneys to lodge a copy of the American Bankruptcy Institute National Report on Professional Compensation in Bankruptcy Cases (G. R. Warner, rep. 1991). |
| 12/10/2014 | Brief amici curiae of Bankruptcy Law Scholars filed. |
| 12/10/2014 | Brief amicus curiae of National Association of Chapter Thirteen Trustees filed. |
| 12/10/2014 | Brief amicus curiae of The State Bar of Texas Bankruptcy Law Section filed. |
| 12/10/2014 | Brief amici curiae of Former Bankruptcy Judges Leif M. Clark and Judith K. Fitzgerald filed. |
| 12/22/2014 | SET FOR ARGUMENT ON Wednesday, February 25, 2015 |
| 12/22/2014 | Record requested from U.S.C.A. 5th Circuit. |
| 12/29/2014 | The record from U.S.C.A. 5th Circuit is located on PACER. |
| 12/29/2014 | The record from U.S.D.C. Southern District of Texas is located on PACER. |
| 01/07/2015 | CIRCULATED. |
| 01/08/2015 | CA5 Record received on two thumb drives, one is under seal. |
| 01/14/2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 01/20/2015 | Brief of respondent ASARCO, L.L.C. filed. (Distributed) |
| 01/21/2015 | Brief amici curiae of Professors Richard Aaron, et al. filed. (Distributed) |
| 02/13/2015 | Reply of petitioners Baker Botts, L.L.P., et al. filed. (Distributed) |
| 02/20/2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 02/25/2015 | Argued. For petitioners: Aaron Streett, Houston, Tex.; and Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Jeffrey L. Oldham, Houston, Tex. |
| 06/15/2015 | Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Alito, JJ., joined, and in which Sotomayor, J., joined as to all but Part III-B-2. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment. Breyer, J., filed a dissenting opinion, in which Ginsburg and Kagan, JJ., joined. |
| 07/10/2015 | JUDGMENT ISSUED. |