No. 23-702
Sander L. Esserman, in His Official Capacity as Future Claims Representative v. Bestwall LLC, et al.
Tags: asbestos-litigation bankruptcy-jurisdiction bankruptcy-standard corporate-reorganization debtor-protection likelihood-of-success non-debtor-litigation organizational-restructuring preliminary-injunction subject-matter-jurisdiction
Latest Conference:
2024-05-09
Related Cases:
23-675
(Vide)
Question Presented (from Petition)
First, may a sophisticated corporate defendant use an organizational reshuffling to devise bankruptcy jurisdiction for a nationwide preliminary injunction halting litigation against it?
Second, may a bankruptcy court issue that injunction without applying the standard that an Article III court would be required to apply outside of bankruptcy?
Question Presented (AI Summary)
Whether a sophisticated corporate defendant may use an organizational reshuffling to devise bankruptcy jurisdiction for a nationwide preliminary injunction halting litigation against it
Docket Entries
2024-05-13
Petition DENIED.
2024-04-17
DISTRIBUTED for Conference of 5/9/2024.
2024-04-15
Reply of petitioner Sander L. Esserman, in his capacity as future claimants' representative filed. (Distributed)
2024-03-29
Brief of respondents Bestwall LLC, et al. in opposition filed.
2024-01-09
Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2024.
2024-01-08
Motion to extend the time to file a response from January 29, 2024 to March 29, 2024, submitted to The Clerk.
2023-12-20
Petition for a writ of certiorari filed. (Response due January 29, 2024)
2023-10-27
Application (23A378) granted by The Chief Justice extending the time to file until December 20, 2023.
2023-10-24
Application (23A378) to extend the time to file a petition for a writ of certiorari from November 5, 2023 to December 20, 2023, submitted to The Chief Justice.
Attorneys
Bestwall LLC, et al.
Noel John Francisco — Jones Day, Respondent
Sander L. Esserman, in his capacity as future claimants' representative
Edwin John Harron — Young Conaway Stargatt & Taylor, LLP, Petitioner