No. 19-1152

ISL Loan Trust, et al. v. Millennium Lab Holdings II, LLC, et al.

Lower Court: Third Circuit
Docketed: 2020-03-20
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: article-iii bankruptcy-court bankruptcy-court-authority constitutional-authority debtor-creditor-relationship equitable-mootness non-debtor-claims non-debtor-releases nonconsensual-release restructuring restructuring-debtor-creditor stern-v-marshall
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2020-05-21
Question Presented (AI Summary)

Whether a bankruptcy court has authority to enter final judgment releasing without consent a non-debtor's claims against other non-debtors

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW I. Whether a bankruptcy court has authority, under Article III of the Constitution and this Court’s decision in Stern v. Marshall, 564 U.S. 462 (2011), to enter final judgment releasing without consent a nondebtor’s claims against other non-debtors that arise solely from non-bankruptcy substantive law, so long as the bankruptcy court concludes that granting the release is integral to the restructuring of the debtorcreditor relationship. II. Whether an Article III court may dismiss a properly noticed appeal from a bankruptcy court’s decision confirming a plan of reorganization under Chapter 11 of the Bankruptcy Code as “equitably moot” even though a live case or controversy exists under Article III of the Constitution, thereby leaving the bankruptcy court’s decision un-reviewed by any Article II court.

Docket Entries

2020-05-26
Petition DENIED.
2020-05-05
DISTRIBUTED for Conference of 5/21/2020.
2020-04-20
Waiver of right of respondents TA Millennium, Inc. and TA Associates Management, L.P. to respond filed.
2020-04-20
Waiver of right of respondent James Slattery to respond filed.
2020-04-20
Waiver of right of respondents Millennium Lab Holdings II, LLC and Millennium Health, LLC to respond filed.
2020-03-18
Petition for a writ of certiorari filed. (Response due April 20, 2020)

Attorneys

ISL Loan Trust, et al.
Sheila SadighiLowenstein Sandler LLP, Petitioner
Sheila SadighiLowenstein Sandler LLP, Petitioner
James Slattery
John Caviness O'QuinnKirkland & Ellis LLP, Respondent
John Caviness O'QuinnKirkland & Ellis LLP, Respondent
Millennium Lab Holdings II, LLC and Millennium Health, LLC
Richard P. BressLatham & Watkins LLP, Respondent
Richard P. BressLatham & Watkins LLP, Respondent
TA Millennium, Inc. and TA Associates Management, L.P.
William McGinley JayGoodwin Procter LLP, Respondent
William McGinley JayGoodwin Procter LLP, Respondent