No. 25-151

Kim H. Peterson, Individually & as Trustee of the Peterson Family Trusts, et al. v. Krista Freitag, Receiver for ANI Development, LLC, American National Investments, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2025-08-07
Status: Denied
Type: Paid
Response RequestedRelisted (2)
Tags: circuit-split equitable-receivership federal-court-authority non-consensual-release sec-enforcement third-party-claims
Key Terms:
HabeasCorpus Securities Privacy JusticiabilityDoctri
Latest Conference: 2026-01-09 (distributed 2 times)
Related Cases: 24-1192 (Vide)
Question Presented (from Petition)

As discussed in a nearly-identical, unopposed petition (24-1192), the extent to which federal courts can exert power over third-party claims and claimants is a question of national significance that has arisen with increasing frequency in a variety of contexts. This Court has itself curtailed multiple courts' attempts to exercise authority over objecting parties or non-parties the last two terms. Trump v. CASA, Inc., 145 S.Ct. 2540 (2025) (courts can award complete equitable relief only to parties); Texas v. New Mexico, 602 U.S. 943 (2024) (settling parties cannot dispose of non-settling objector's claims); Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024) (bankruptcy code does not permit nonconsensual release of third-party claims). Five circuits have also issued conflicting decisions on courts' equitable authority over third party claims, but in the equitable receivership arena—when courts appoint receivers in SEC enforcement actions to manage distressed debtors' assets, then oversee their division among creditors. The Fifth, Tenth, Eleventh, and now the Ninth Circuit permit federal receivership courts to approve a receiver's settlement with a non-receivership entity that enjoins third-party claims against that entity without the claimants' consent. But the Sixth Circuit forbids the nonconsensual release of claims that belong to a third party in the name of equity. The question thus presented, and ripe for review, is:

Whether a federal court overseeing an equity receivership has equitable authority to dispose of claims that belong to a third-party against non-receivership entities without the claimants' consent.

Question Presented (AI Summary)

Whether a federal court overseeing an equity receivership has equitable authority to dispose of claims that belong to a third-party against non receivership entities without the claimants' consent

Docket Entries

2026-01-12
Petition DENIED.
2025-12-23
DISTRIBUTED for Conference of 1/9/2026.
2025-12-18
Reply of Kim Peterson, et al. submitted.
2025-12-18
Reply of petitioners Kim Peterson, et al. filed. (Distributed)
2025-12-03
Brief of Krista Freitag, Receiver for ANI Development, LLC, American National Investments, Inc., and their subsidiaries and affiliates in opposition submitted.
2025-12-03
Brief of Chicago Title Company and Chicago Title Insurance Company in opposition submitted.
2025-12-03
Brief of respondents Chicago Title Company, et al. in opposition filed.
2025-10-22
Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2025, for all respondents.
2025-10-21
Motion of Chicago Title Company and Chicago Title Insurance Company for an extension of time submitted.
2025-10-21
Motion to extend the time to file a response from November 3, 2025 to December 3, 2025, submitted to The Clerk.
2025-10-02
Response Requested. (Due November 3, 2025)
2025-09-24
DISTRIBUTED for Conference of 10/10/2025.
2025-09-08
Brief for Respondent Securities and Exchange Commission of Securities and Exchange Commission submitted.
2025-09-08
Brief for Respondent Securities and Exchange Commission filed.
2025-08-05
Petition for a writ of certiorari filed. (Response due September 8, 2025)

Attorneys

Chicago Title Company and Chicago Title Insurance Company
Benjamin Seth FeuerComplex Appellate Litigation Group LLP, Respondent
Kim Peterson, et al.
Rupa Gupta SinghNiddrie Addams Fuller Singh LLP, Petitioner
Krista Freitag, Receiver for ANI Development, LLC, American National Investments, Inc., and their subsidiaries and affiliates
Joshua Andrew del CastilloAllen Matkins Leck Gamble Mallory & Natsis, LLP, Respondent
Edward Galston FatesAllen Matkins Leck Gamble Mallory & Natsis, LLP, Respondent
Nossaman LLP and Marco Costales
Lisa Adrienne EllsRosen, Bien, Galvan & Grunfeld, LLP, Respondent
Securities and Exchange Commission
D. John SauerSolicitor General, Respondent