No. 24-874
Douglas A. Kelley, in His Capacity as the Trustee of the BMO Litigation Trust v. BMO Harris Bank National Association, as Successor to M&I Marshall and Ilsley Bank
Amici (2)
Experienced Counsel
Tags: bankruptcy-code eighth-circuit-ruling federal-bankruptcy-policy in-pari-delicto receiver-claims state-law-interpretation
Key Terms:
ERISA Securities JusticiabilityDoctri
ERISA Securities JusticiabilityDoctri
Latest Conference:
2025-05-22
Question Presented (from Petition)
Whether the Eighth Circuit should have certified the controlling question of Minnesota law to the Minnesota Supreme Court, rather than fashion a novel rule that is foreign to Minnesota law and antithetical to important federal bankruptcy policy.
Question Presented (AI Summary)
Whether the Eighth Circuit should have certified the controlling question of Minnesota law to the Minnesota Supreme Court, rather than fashion a novel rule that is foreign to Minnesota law and antithetical to important federal bankruptcy policy
Docket Entries
2025-05-27
Petition DENIED.
2025-05-06
DISTRIBUTED for Conference of 5/22/2025.
2025-05-05
Reply of Douglas A. Kelley submitted.
2025-05-05
Reply of petitioner Douglas A. Kelley filed. (Distributed)
2025-04-16
Brief of BMO Harris Bank N.A. in opposition submitted.
2025-04-16
Brief of respondent BMO Harris Bank N.A. in opposition filed.
2025-04-16
Brief of respondent BMO Harris Bank National Association in opposition filed.
2025-03-17
Amicus brief of The State of Minnesota submitted.
2025-03-17
Brief amicus curiae of The State of Minnesota filed.
2025-03-17
Brief amicus curiae of Minnesota filed.
2025-03-03
Motion to extend the time to file a response is granted and the time is extended to and including April 16, 2025.
2025-02-28
Motion of BMO Harris Bank N.A. for an extension of time submitted.
2025-02-28
Motion to extend the time to file a response from March 17, 2025 to April 16, 2025, submitted to The Clerk.
2025-02-12
Petition for a writ of certiorari filed. (Response due March 17, 2025)
Attorneys
BMO Harris Bank N.A.
Donald B. Verrilli Jr. — Munger, Tolles & Olson LLP, Respondent
Douglas A. Kelley
Paul D. Clement — Clement & Murphy, PLLC, Petitioner
The State of Minnesota