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Truck Insurance Exchange v. Kaiser Gypsum Company, Inc.

Docket No.22-1079
Op. Below4th Cir.
ArgumentMar 19, 2024

Holding

An insurer with financial responsibility for bankruptcy claims is a "party in interest" under 11 U.S.C. § 1109(b) that "may raise and may appear and be heard on any issue" in a Chapter 11 case.

Judgment

Reversed and remanded, 8-0, in an opinion by Sonia Sotomayor on Jun 6, 2024. Justice Alito took no part in the consideration or decision of the case.

Proceedings & orders timeline

May 3, 2023
Petition for a writ of certiorari filed. (Response due June 5, 2023)
Jun 5, 2023
Brief amici curiae of Anthony J. Casey, et al. filed.
Jun 21, 2023
DISTRIBUTED for Conference of 9/26/2023.
Jul 7, 2023
Response Requested. (Due August 7, 2023)
Jul 18, 2023
Motion to extend the time to file a response from August 7, 2023 to September 5, 2023, submitted to The Clerk.
Jul 19, 2023
Motion to extend the time to file a response is granted and the time is extended to and including September 5, 2023, for all respondents.
Sep 5, 2023
Brief of respondents Kaiser Gypsum Company, Inc., et al. in opposition filed.
Sep 5, 2023
Brief of respondent Official Committee of Asbestos Personal Injury Claimants in opposition filed.
Sep 19, 2023
Reply of petitioner Truck Insurance Exchange filed. (Distributed)
Sep 20, 2023
DISTRIBUTED for Conference of 10/6/2023.
Oct 10, 2023
DISTRIBUTED for Conference of 10/13/2023.
Oct 13, 2023
Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition.
Nov 16, 2023
Motion for an extension of time to file the briefs on the merits filed by petitioner.
Nov 20, 2023
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 7, 2023. The time to file respondents' brief on the merits is extended to and including January 17, 2024.
Dec 7, 2023
Brief of petitioner Truck Insurance Exchange filed.
Dec 7, 2023
Joint appendix (volumes I and II) filed. (Statement of costs filed)
Dec 13, 2023
Brief amici curiae of Anthony J. Casey, et al. filed.
Dec 14, 2023
Brief amici curiae of American Property Casualty Insurance Association, et al. filed.
Dec 14, 2023
Brief amicus curiae of United States filed.
Jan 2, 2024
Motion for a further extension of time to file respondents' brief on the merits filed.
Jan 9, 2024
Motion to further extend the time to file respondents' brief on the merits granted and the time is extended to and including January 24, 2024.
Jan 24, 2024
Brief of Debtor-side respondents filed.
Jan 24, 2024
Brief of respondents Official Committee of Asbestos Personal Injury Claimants, et al. filed.
Jan 29, 2024
SET FOR ARGUMENT on Tuesday, March 19, 2024.
Jan 29, 2024
Record requested from the United States Court of Appeals for the Fourth Circuit.
Jan 30, 2024
Motion for divided argument filed by respondents.
Jan 31, 2024
Brief amicus curiae of United Policyholders filed.
Jan 31, 2024
Brief amici curiae of Bankruptcy Experts filed.
Jan 31, 2024
Brief amici curiae of Co-Chairs of The American Bankruptcy Institutes, et al. filed.
Jan 31, 2024
Brief amicus curiae of American Association for Justice filed.
Jan 31, 2024
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 1, 2024
Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER.
Feb 14, 2024
CIRCULATED
Feb 20, 2024
Motion for divided argument filed by respondents GRANTED. Justice Alito took no part in the consideration or decision of this motion.
Feb 20, 2024
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Alito took no part in the consideration or decision of this motion.
Feb 23, 2024
Reply of petitioner Truck Insurance Exchange filed. (Distributed)
Mar 19, 2024
Argued. For petitioner: Allyson N. Ho, Dallas, Tex.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For debtor respondents: C. Kevin Marshall, Washington, D. C. For claimant respondents: David C. Frederick, Washington, D. C.
Mar 19, 2024
Letter from the Solicitor General filed.
Jun 6, 2024
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which all other Members joined, except Alito, J., who took no part in the consideration or decision of the case.
Jul 8, 2024
Judgment Issued.

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