No. 21-572

John M. Sweeney, et ux. v. Eastman Kodak Company

Lower Court: Third Circuit
Docketed: 2021-10-20
Status: Denied
Type: Paid
Response Waived
Tags: bankruptcy bankruptcy-discharge civil-procedure civil-rights claims-bar-date due-process jones-v-brock latent-injury products-liability rule-12b6
Latest Conference: 2021-11-19
Question Presented (from Petition)

1. Is a products liability complaint subject to
dismissal, pursuant to Rule 12(b)(6), Fed. R. Civ. P.,
consistent with the fifth amendment's Due Process
Clause, and this Court's holding in Jones v. Brock, 549
U.S. 199 (2007), simply because it did not allege facts
sufficient to overcome a potential defense of discharge in
bankruptcy?

2. Canaclaim for a latent injury from exposure to
a Chapter 11 bankruptcy debtor's product be discharged
in bankruptcy, consistent with the fifth amendment's Due
Process clause, when at the time the debtor's claims bar
date notices were published, and its bankruptcy plan
confirmed, the claimant did not yet know the debtor's
product caused his injury?

3. Canaclaim for latent injury from exposure toa
Chapter 11 bankruptcy debtor's product be discharged in
bankruptcy, consistent with the fifth amendment's Due
Process Clause, when the debtor's published claims bar
date notices fail to mention either the product that caused
claimant's injury, the debtor's role in the manufacture of
that product, or the debtor's knowledge that the same
product had caused numerous other individuals to suffer
the same latent injury?

Question Presented (AI Summary)

Is a products liability complaint subject to dismissal consistent with the Fifth Amendment's Due Process Clause?

Docket Entries

2021-11-22
Petition DENIED.
2021-11-02
DISTRIBUTED for Conference of 11/19/2021.
2021-10-29
Waiver of right of respondent Eastman Kodak Company to respond filed.
2021-10-15
Petition for a writ of certiorari filed. (Response due November 19, 2021)

Attorneys

Eastman Kodak Company
Eric J WardWard Greenberg Heller & Reidy LLP, Respondent
John Sweeney, et al.
G. Martin MeyersG. Martin Meyers, P.C., Petitioner