No. 21-572

John M. Sweeney, et ux. v. Eastman Kodak Company

Lower Court: Third Circuit
Docketed: 2021-10-20
Status: Denied
Type: Paid
Response Waived
Tags: bankruptcy bankruptcy-discharge civil-procedure civil-rights claims-bar-date due-process jones-v-brock latent-injury products-liability rule-12b6
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2021-11-19
Question Presented (AI Summary)

Is a products liability complaint subject to dismissal consistent with the Fifth Amendment's Due Process Clause?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Is a products liability complaint subject to dismissal, pursuant to Rule 12(b)(6), Fed. R. Civ. P., consistent with the fifth amendment’s Due Process Clause, and this Court’s holding in Jones v. Brock, 549 U.S. 199 (2007), simply because it did not allege facts sufficient to overcome a potential defense of discharge in bankruptcy? 2. Canaclaim for a latent injury from exposure to a Chapter 11 bankruptcy debtor’s product be discharged in bankruptcy, consistent with the fifth amendment’s Due Process clause, when at the time the debtor’s claims bar date notices were published, and its bankruptcy plan confirmed, the claimant did not yet know the debtor’s product caused his injury? 3. Canaclaim for latent injury from exposure toa Chapter 11 bankruptcy debtor’s product be discharged in bankruptcy, consistent with the fifth amendment’s Due Process Clause, when the debtor’s published claims bar date notices fail to mention either the product that caused claimant’s injury, the debtor’s role in the manufacture of that product, or the debtor’s knowledge that the same product had caused numerous other individuals to suffer the same latent injury?

Docket Entries

2021-11-22
Petition DENIED.
2021-11-02
DISTRIBUTED for Conference of 11/19/2021.
2021-10-29
Waiver of right of respondent Eastman Kodak Company to respond filed.
2021-10-15
Petition for a writ of certiorari filed. (Response due November 19, 2021)

Attorneys

Eastman Kodak Company
Eric J WardWard Greenberg Heller & Reidy LLP, Respondent
John Sweeney, et al.
G. Martin MeyersG. Martin Meyers, P.C., Petitioner