No. 24-94

SC SJ Holdings, LLC, et al. v. Pillsbury Winthrop Shaw Pittman, LLP

Lower Court: Third Circuit
Docketed: 2024-07-30
Status: Denied
Type: Paid
Response Waived
Tags: 11-usc-1127 11-usc-1144 attorney-malpractice bankruptcy-plan bankruptcy-reorganization-plan chapter-11 informed-consent malpractice-claims procedural-rules third-party-release
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. Whether a non-consensual third-party release of debtors' attorneys for malpractice claims is valid under a Chapter 11 plan even though debtors' attorneys did not advise or inform debtors of the scope of the release or obtain the debtors' informed consent?

2. Whether a bankruptcy plan may include a release of and exculpate debtors' attorneys from existing or prospective malpractice claims without the debtors' informed consent?

3. Whether Fed. R. Civ. P. 60 and Fed. R. Bankr. P. 9024 permit a court to grant debtors relief from a non-consensual third-party release of malpractice claims against debtors' attorneys contained in a confirmed and substantially consummated Chapter 11 plan?

Question Presented (AI Summary)

Whether a non-consensual third-party release of debtors' attorneys for malpractice claims is enforceable when included in a confirmed Chapter 11 plan even though debtors' attorneys did not advise or inform debtors of the scope of the release or obtain the debtors' informed consent?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-21
DISTRIBUTED for Conference of 9/30/2024.
2024-08-15
Waiver of Pillsbury Winthrop Shaw Pittman, LLP of right to respond submitted.
2024-08-15
Waiver of right of respondent Pillsbury Winthrop Shaw Pittman, LLP to respond filed.
2024-07-26
Petition for a writ of certiorari filed. (Response due August 29, 2024)
2024-06-10
Application (23A1092) granted by Justice Alito extending the time to file until July 26, 2024.
2024-06-03
Application (23A1092) to extend the time to file a petition for a writ of certiorari from June 26, 2024 to August 25, 2024, submitted to Justice Alito.

Attorneys

Pillsbury Winthrop Shaw Pittman, LLP
Elaine Janet GoldenbergMunger, Tolles & Olson LLP, Respondent
SC SJ Holdings LLC and FMT SJ LLC
Jason Bryan WesokyOgborn Mihm LLP, Petitioner