No. 25-6
Thomas Keathley v. Buddy Ayers Construction, Incorporated
Tags: bad-faith bankruptcy-law civil-claims judicial-estoppel judicial-integrity procedural-doctrine
Latest Conference:
2025-10-17
(distributed 2 times)
Question Presented (from Petition)
Whether the doctrine of judicial estoppel can be invoked to bar a plaintiff who fails to disclose a civil claim in bankruptcy filings from pursuing that claim simply because there is a potential motive for nondisclosure, regardless of whether there is evidence that the plaintiff in fact acted in bad faith.
Question Presented (AI Summary)
Whether the doctrine of judicial estoppel can be invoked to bar a plaintiff who fails to disclose a civil claim in bankruptcy filings from pursuing that claim simply because there is a potential motive for nondisclosure, regardless of whether there is evidence that the plaintiff in fact acted in bad faith
Docket Entries
2026-02-26
Reply of petitioner Thomas Keathley filed. (Distributed)
2026-02-26
Reply of Thomas Keathley submitted.
2026-02-25
CIRCULATED
2026-02-23
Record received from the United States District Court for the Northern District of Mississippi. The record is electronic and is available on PACER.
2026-02-23
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2026-02-11
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
2026-02-04
Record requested from the United States Court of Appeals for the Fifth Circuit.
2026-01-30
SET FOR ARGUMENT on Tuesday, March 24, 2026.
2026-01-29
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2026-01-29
Motion of United States for leave to participate in oral argument and for divided argument submitted.
2026-01-27
Brief of respondent Buddy Ayers Constr., Inc. filed.
2026-01-27
Brief of Buddy Ayers Constr., Inc. submitted.
2026-01-09
Motion for a further extension of time within which to file respondent's brief on the merits is granted and the time is extended to and including January 27, 2026.
2026-01-02
Motion of Buddy Ayers Constr., Inc. for an extension of time submitted.
2026-01-02
Motion for a further extension of time to file respondent's brief on the merits filed.
2025-12-19
Brief amicus curiae of United States supporting vacatur filed.
2025-12-19
Brief amicus curiae of American Association for Justice filed.
2025-12-19
Brief amici curiae of National Consumer Bankruptcy Rights Center, et al. filed.
2025-12-19
Brief amici curiae of National Association of Bankruptcy Trustees, et al. filed.
2025-12-19
Amicus brief of National Consumer Bankruptcy Rights Center, National Consumer Law Center, and National Association of Consumer Bankruptcy Attorneys submitted.
2025-12-19
Amicus brief of National Association of Bankruptcy Trustees and American College of Bankruptcy submitted.
2025-12-19
Amicus brief of American Association for Justice submitted.
2025-12-19
Amicus brief of United States submitted.
2025-12-19
Brief amicus curiae of United States filed.
2025-12-12
Brief of Thomas Keathley submitted.
2025-12-12
Joint Appendix submitted.
2025-12-12
Brief of petitioner Thomas Keathley filed.
2025-12-12
Joint appendix filed.
2025-12-10
Amicus brief of The Honorable Melanie Cyganowski (Ret.), Joan Feeney (Ret.), Judith Fitzgerald (Ret.), Bruce Markell (Ret.), Eugene Wedoff (Ret.), and Professor Robert M. Lawless submitted.
2025-12-08
Brief amici curiae of The Honorable Melanie Cyganowski (Ret.), et al. filed.
2025-12-08
Amicus brief of The Honorable Melanie Cyganowski (Ret.), Joan Feeney (Ret.), Judith Fitzgerald (Ret.), Bruce Markell (Ret.), Eugene Wedoff (Ret.), and Professor Robert M. Lawless submitted.
2025-10-31
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 12, 2025. The time to file respondent's brief on the merits is extended to and including January 20, 2026.
2025-10-23
Motion for an extension of time filed.
2025-10-23
Motion of Thomas Keathley for an extension of time submitted.
2025-10-20
Petition GRANTED.
2025-10-14
DISTRIBUTED for Conference of 10/17/2025.
2025-09-17
DISTRIBUTED for Conference of 10/10/2025.
2025-09-16
Reply of petitioner Thomas Keathley filed. (Distributed)
2025-09-16
Reply of Thomas Keathley submitted.
2025-09-02
Brief of respondent Buddy Ayers Constr., Inc., in opposition filed.
2025-09-02
Brief of respondent Buddy Ayers Constr., Inc. in opposition filed.
2025-09-02
Brief of Buddy Ayers Constr., Inc. in opposition submitted.
2025-07-14
Motion to extend the time to file a response is granted and the time is extended to and including September 2, 2025.
2025-07-11
Motion to extend the time to file a response from July 31, 2025 to September 2, 2025, submitted to The Clerk.
2025-07-11
Motion of Buddy Ayers Constr., Inc. for an extension of time submitted.
2025-06-27
Petition for a writ of certiorari filed. (Response due July 31, 2025)
Attorneys
American Association for Justice
Buddy Ayers Constr., Inc.
David D. O'Donnell — Clayton O'Donnell, PLLC, Respondent
William McGinley Jay — Goodwin Procter, LLP, Respondent
National Association of Bankruptcy Trustees and American College of Bankruptcy
Catherine Steege — Jenner and Block LLP, Amicus
National Consumer Bankruptcy Rights Center, National Consumer Law Center, and National Association of Consumer Bankruptcy Attorneys
The Honorable Melanie Cyganowski (Ret.), Joan Feeney (Ret.), Judith Fitzgerald (Ret.), Bruce Markell (Ret.), Eugene Wedoff (Ret.), and Professor Robert M. Lawless
David R. Kuney — David Kuney Law, Amicus
Thomas Keathley
Gregory George Garre — Latham & Watkins LLP, Petitioner
United States
D. John Sauer — Solicitor General, Amicus