No. 21-109

California State Lands Commission v. Eugene Davis, Liquidating Trustee of the Venoco Liquidating Trust, et al.

Lower Court: Third Circuit
Docketed: 2021-07-27
Status: Denied
Type: Paid
Tags: 11th-amendment bankruptcy bankruptcy-jurisdiction inverse-condemnation liquidating-trust post-confirmation-claim sovereign-immunity state-agency state-lands state-treasury
Key Terms:
Takings Copyright Privacy
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. Whether the States' consent to suit in the bankruptcy courts, found to exist in Katz, reaches a suit brought against a State, after the effective date of a debtor's plan of liquidation, seeking money damages from a State treasury on a claim that does not arise under federal bankruptcy law, insolvency law, or a claim that was historically brought "as a core aspect of the administration of bankruptcy estates." 546 U.S. at 372.

2. Whether this Court should reconsider Central Virginia Community College v. Katz.

Question Presented (AI Summary)

Whether the States' consent to suit in the bankruptcy courts, found to exist in Katz, reaches a suit brought against a State, after the effective date of a debtor's plan of liquidation, seeking money damages from a State treasury on a claim that does not arise under federal bankruptcy law, insolvency law, or a claim that was historically brought 'as a core aspect of the administration of bankruptcy estates

Docket Entries

2021-10-04
Petition DENIED.
2021-09-01
DISTRIBUTED for Conference of 9/27/2021.
2021-08-31
Reply of petitioner California State Lands Commission filed. (Distributed)
2021-08-18
Brief of respondent Eugene Davis, in his capacity as Liquidating Trustee of the Venoco Liquidating Trust in opposition filed.
2021-07-28
Letter from counsel for respondent California received.
2021-07-23
Petition for a writ of certiorari filed. (Response due August 26, 2021)

Attorneys

California State Lands Commission
Steven S. RosenthalLoeb & Loeb LLP, Petitioner
Eugene Davis, in his capacity as Liquidating Trustee of the Venoco Liquidating Trust
Warren Wayne HarrisBracewell, LLP, Respondent
State of California
Joshua PatashnikCalifornia Department of Justice, Respondent