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Czyzewski v. Jevic Holding Corporation

Docket No.15-649
Op. Below3d Cir.
ArgumentDec 7, 2016

Holding

(1) The petitioners -- a group of former truck-drivers for Jevic Transportation, the respondent -- have Article III standing; and (2) bankruptcy courts may not approve structured dismissals of Chapter 11 bankruptcy cases that provide for asset distributions which do not follow ordinary priority rules established by the Bankruptcy Code without the consent of affected creditors.

Judgment

Reversed and remanded, 6-2, in an opinion by Stephen G. Breyer on Mar 22, 2017. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.

Proceedings & orders timeline

Nov 16, 2015
Petition for a writ of certiorari filed. (Response due December 17, 2015)
Nov 30, 2015
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Dec 1, 2015
Order extending time to file response to petition to and including January 19, 2016.
Dec 1, 2015
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Dec 16, 2015
Brief amici curiae of Law Professors filed.
Dec 17, 2015
Brief amici curiae of National Employment Law Project and National Consumers League filed.
Dec 17, 2015
Brief amici curiae of States of Illinois, et al. filed.
Jan 19, 2016
Brief of respondents Jevic Holding Corp., et al. in opposition filed.
Feb 2, 2016
Reply of petitioners Casimir Czyzewski, et al. filed.
Feb 3, 2016
DISTRIBUTED for Conference of February 19, 2016.
Feb 29, 2016
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 23, 2016
Brief amicus curiae of United States filed.
Jun 6, 2016
Supplemental brief of respondents Jevic Holding Corp., et al. filed.
Jun 7, 2016
DISTRIBUTED for Conference of June 23, 2016.
Jun 27, 2016
DISTRIBUTED for Conference of June 27, 2016.
Jun 28, 2016
Petition GRANTED.
Aug 5, 2016
The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 26, 2016.
Aug 5, 2016
The time to file respondents' brief on the merits is extended to and including October 12, 2016.
Aug 18, 2016
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents..
Aug 26, 2016
Brief of petitioners Casimir Czyzewski, et al. filed.
Aug 26, 2016
Joint appendix filed. (Statement of costs filed.)
Aug 28, 2016
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.
Sep 2, 2016
Brief amicus curiae of United States filed.
Sep 2, 2016
Brief amicus curiae of Loan Syndications and Trading Association filed.
Sep 2, 2016
Brief amici curiae of National Employment Law Project, et al. filed.
Sep 2, 2016
Brief amici curiae of Law Professors filed.
Sep 2, 2016
Brief amici curiae of Illinois, et al. filed.
Oct 6, 2016
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 12, 2016
Brief of respondents Jevic Holding Corp., et al. filed.
Oct 17, 2016
Brief amici curiae of Law Professors David Gray Carlson, Jack F. Williams, and David R. Kuney filed.
Oct 17, 2016
Brief amici curiae of Professors Jagdeep S. Bhandari, et al. filed.
Oct 21, 2016
SET FOR ARGUMENT on Monday, November 28, 2016
Oct 26, 2016
CIRCULATED.
Nov 1, 2016
Record requested from the U.S.C.A 3rd Circuit.
Nov 7, 2016
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 14, 2016
Reply of petitioners Casimir Czyzewski, et al. filed. (Distributed)
Nov 14, 2016
Record received from the U.S.C.A. 3rd Circuit is electronic.
Nov 14, 2016
Record received from the U.S.D.C. for the District of Delaware is electronic.
Nov 18, 2016
ARGUMENT date changed. SET FOR ARGUMENT on Wednesday, December 7, 2016.
Dec 7, 2016
Argued. For petitioners: Danielle Spinelli, Washington, D. C.; and Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Christopher Landau, Washington, D. C.
Mar 22, 2017
Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
Apr 24, 2017
JUDGMENT ISSUED.

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