No. 19-919

Joseph Becker, et al. v. Ralph S. Janvey, et al.

Lower Court: Fifth Circuit
Docketed: 2020-01-23
Status: Denied
Type: Paid
Response Waived
Tags: anti-injunction-act equitable-receivership in-aid-of-jurisdiction in-rem-claims ponzi-scheme securities-claim securities-litigation settlement-bar-order state-court-litigation state-court-proceedings
Key Terms:
Securities Privacy JusticiabilityDoctri
Latest Conference: 2020-03-27
Question Presented (AI Summary)

Whether the Anti-Injunction Act allows for the issuance of a bar order by the SEC-appointed equitable receiver that permanently stays a pending state court securities claim

Question Presented (from Petition)

QUESTIONS PRESENTED An equitable receivership was appointed by the Securities and Exchange Commission to administer the assets of the infamous Ponzi scheme operated by Allen Stanford. The Retirees filed a securities action against the Stanford Brokers and Underwriters in state court. Underwriters agreed to settle with the Receiver conditioned on the court permanently staying the state court securities lawsuits filed against Underwriters by the Retirees. The district court and Fifth Circuit entered the bar orders and approved the settlement. The following questions are presented: 1. Whether the Anti-Injunction Act (“AIA”), 28 U.S.C. §2283, allows for the issuance of bar order by the equitable receiver appointed by the SEC that permanently stays a pending state court securities claim of the Retirees based upon general equitable principles? Atlantic Coast Line R. Co. v. Brotherhood of Locomotive Engineers, 398 U.S. 281, 287, 90 S.Ct. 1739, 26 L.Ed.2d 234 (1970). 2. Whether the competing claims of the Receiver and the Retirees to the proceeds of the Underwriters polices are personal claims or in rem claims for the purpose of determining whether the “in aid of jurisdiction” exception existed to the AIA when coverage of the Receiver is contested, no hearing has been held to determine the scope of the exclusions applicable to the Receiver’s claim, and no cash proceeds of the policy have been actually paid to the Receiver? Vendo Co. v. Lektro-Vend Corp., 433 U.S. 623, 642, 97 S.Ct. 2881, 2893, 53 L.Ed.2d 1009 (1977), and Kline v. Burke Const. Co., 260 U.S. 226, 230; 43 S.Ct. 79, 81; 67 L.Ed. 226 (1922). (i)

Docket Entries

2020-03-30
Petition DENIED.
2020-03-11
DISTRIBUTED for Conference of 3/27/2020.
2020-02-18
Waiver of right of respondents Certain Underwriters at Lloyd's of London; Arch Specialty Insurance Company; Lexington Insurance Company to respond filed.
2020-02-10
Waiver of right of respondent Ralph S. Janvey to respond filed.
2020-01-21
Petition for a writ of certiorari filed. (Response due February 24, 2020)

Attorneys

Certain Underwriters at Lloyd's of London; Arch Specialty Insurance Company; Lexington Insurance Company
Manuel Mungia Jr.Chasnoff Mungia Valkenaar Pepping & Stribling LLP, Respondent
Manuel Mungia Jr.Chasnoff Mungia Valkenaar Pepping & Stribling LLP, Respondent
Joseph Becker, et al.
Phillip Wesley PreisPreis Gordon, APLC, Petitioner
Phillip Wesley PreisPreis Gordon, APLC, Petitioner
Ralph S. Janvey
Kevin Marshall SadlerBaker Botts L.L.P., Respondent
Kevin Marshall SadlerBaker Botts L.L.P., Respondent