Marshall v. Cook
Certiorari Denied
Petition for certiorari denied on October 6, 2025.
Issue
Whether diversity jurisdiction may be created by having one diverse co-trustee bring the lawsuit, strategically excluding all nondiverse co-trustees as parties, or instead the citizenship of the nondiverse, nonparty co-trustees must be counted because they all are “real parties to the controversy” by virtue of their equally shared powers to hold and manage trust property and to sue and be sued in their own names—which here would destroy diversity.
May 16, 2025Application (24A1123) to extend the time to file a petition for a writ of certiorari from May 28, 2025 to July 25, 2025, submitted to Justice Alito.
May 23, 2025Application (24A1123) granted by Justice Alito extending the time to file until June 27, 2025.
Jun 27, 2025Petition for a writ of certiorari filed. (Response due July 31, 2025)Jul 30, 2025Brief of respondent Stephen D. Cook, Doctor, in his Capacities as Co-Trustee of the Marshall Heritage Foundation and Marshall Legacy Foundation in opposition filed.Aug 13, 2025DISTRIBUTED for Conference of 9/29/2025.
Aug 13, 2025Reply of petitioner Preston L. Marshall, Individually and as Co-Trustee of the Peroxisome Trust filed. (Distributed)Oct 6, 2025Petition DENIED.
Recommended Citation: Marshall v. Cook, SCOTUSblog, https://www.scotusblog.com/cases/marshall-v-cook/