No. 19-7728

Wayne English v. Energy Future Holdings Corp., et al.

Lower Court: Third Circuit
Docketed: 2020-02-21
Status: Denied
Type: IFP
IFP
Tags: chose-in-action civil-litigation civil-procedure civil-rights claims-transfer common-law contract corporate-securities damages mitigation mitigation-doctrine party-standing securities standing
Latest Conference: 2020-04-17
Question Presented (from Petition)

Are creditors and debtors, plaintiffs and defendants, and parties in interest allowed, required, or exempt from instituting the mitigation doctrine?

Whether all claims and causes of action travel with the sale of a corporate security or remain with the injured party upon its sale.

Whether at common law, only the person who suffered the injury, absent assignment of a chose in action, can seek redress for the injury; a position supported by the American Bankers Association, the Commercial Law Professors, and a recent decision by the Supreme Court of Ohio in Cheatham, infra., in contrast to the decision by the Third Court of Appeals in English v EFH.

Question Presented (AI Summary)

Whether creditors and debtors, plaintiffs and defendants, and parties in interest are allowed, required, or exempt from instituting the mitigation doctrine

Docket Entries

2020-08-03
Rehearing DENIED.
2020-07-09
DISTRIBUTED.
2020-05-15
Petition for Rehearing filed.
2020-04-20
Petition DENIED.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 23, 2020)

Attorneys

Wayne English
Wayne English — Petitioner