No. 19-1411

Barry L. Rupert, et al. v. Ralph S. Janvey, as Receiver for Stanford Receivership Estate, et al.

Lower Court: Fifth Circuit
Docketed: 2020-06-24
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: article-iii article-iii-standing civil-procedure federal-court-jurisdiction non-receivership-entities ponzi-scheme receivership receivership-estate settlement settlement-bar standing third-party-claims
Latest Conference: 2020-12-11 (distributed 2 times)
Related Cases: 19-1402 (Vide)
Question Presented (from Petition)

Petitioners were investors who lost their investment in the Stanford International Bank Ponzi scheme. Petitioners brought suit in state court against two brokers that made independent misrepresentations to investors about the bank's financial soundness and its insurance coverage. The suit was stayed by the federal court overseeing the bank's receivership. The receiver brought and settled his own claims against the insurance brokers, but, over Petitioners' objections, that settlement included a bar order precluding Petitioners from litigating their own claims in state court. The district court and the court of appeals found that the receiver had standing to assert and settle Petitioners' claims.

The question presented is whether the standing requirement of Article III limits receivers to bringing claims that are coextensive with the receivership estate and thus whether Article III precludes receivers from bringing, settling, and barring claims of third parties against non-receivership entities.

Question Presented (AI Summary)

Whether Article III standing limits receivers to bringing claims that are coextensive with the receivership estate and precludes receivers from bringing, settling, and barring claims of third parties against non-receivership entities

Docket Entries

2020-12-14
Petition DENIED.
2020-11-24
DISTRIBUTED for Conference of 12/11/2020.
2020-11-20
Reply of petitioners Barry L. Rupert, et al. filed. (Distributed)
2020-10-02
Motion to extend the time to file a response is granted and the time is extended to and including November 12, 2020.
2020-10-01
Motion to extend the time to file a response from October 13, 2020 to November 12, 2020, submitted to The Clerk.
2020-09-10
Response Requested. (Due October 13, 2020)
2020-08-05
DISTRIBUTED for Conference of 9/29/2020.
2020-08-04
Waiver of right of respondent Ralph S. Janvey to respond filed.
2020-08-04
Waiver of right of respondent Bowen, Miclette & Britt, Inc. to respond filed.
2020-08-04
Waiver of right of respondents Official Stanford Investors Committee; Samuel Troice; Manuel Canabal to respond filed.
2020-06-19
Petition for a writ of certiorari filed. (Response due July 24, 2020)

Attorneys

Barry L. Rupert, et al.
Randall A. PulmanPulman, Cappuccio & Pullen, LLP, Petitioner
Bowen, Miclette & Britt, Inc.
Bradley W. FosterHunton Andrews Kurth LLP, Respondent
Official Stanford Investors Committee; Samuel Troice; Manuel Canabal
Peter Michael JungClark Hill Strasburger, Respondent
Public Investors Advocate Bar Association
Royal B. Lea IIIBingham and Lea, P.C., Amicus
Ralph S. Janvey
Kevin Marshall SadlerBaker Botts L.L.P., Respondent
Stanford Investors
Gavin Douglas SchryverKasowitz, Benson, Torres & Friedman LLP, Amicus
United States Senators representing the state of Louisiana
Perry R. Sanders Jr.Sanders Law Firm, Amicus
Willis Group Holdings PLC, Willis Ltd., Willis North America Inc., and Willis of Colorado, Inc.
Gregory SilbertWeil Gotshal & Manges LLP, Respondent