Harrington v. Purdue Pharma L.P.
Docket No.
23-124
Granted:
August 10, 2023
Argued:
December 4, 2023
Materials
| Argued. For petitioner: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents Purdue Pharma L.P., et al.: Gregory G. Garre, Washington, D. C. For respondents The Official Committee of Unsecured Creditors of Purdue Pharma L.P., et al.: Pratik A. Shah, Washington, D. C. |
| Reply of petitioner filed. (Distributed) |
| Reply of respondents City of Grand Prairie, et al., in support filed. (Distributed) |
| Reply of William K. Harrington, United States Trustee, Region 2 submitted. |
| Reply of City of Grande Prairie, as representative plaintiff for a class consisting of all Canadian municipalities, et al. submitted. |
| Motion for divided argument filed by debtor respondents and creditor respondents GRANTED. |
| Amicus brief of U.S. Conference of Catholic Bishops submitted. |
| Amicus brief of Aldrich Pump LLC, Murray Boiler LLC, and Bestwall LLC submitted. |
| Motion of Debtors, Purdue Pharma L.P., and Its Affiliates for divided argument submitted. |
| Brief amicus curiae of U.S. Conference of Catholic Bishops filed. (Distributed) |
| Brief amici curiae of Boy Scouts of America filed. (Distributed) |
| Brief amici curiae of Law Professors filed. (Distributed) |
| Amicus brief of The Association of the Bar of the City of New York submitted. |
| Amicus brief of Cheryl Juaire, Tiffinee Scott, Dede Yoder, Kathleen Scarpone, Stephanie Lubinski, Lynn Wencus, Gary Carter, Wendy Petrowsky, Kara Trainor, Kathleen Strain, Lindsey Arrington, Shannie Jenkins, Kerri Morales, C.R. Foster, and Robert Prochno submitted. |
| Amicus brief of The Chamber Of Commerce Of The United States Of America, The American Tort Reform Association, The Product Liability Advisory Counsel, Inc., And The National Association Of Manufacturers submitted. |
| Amicus brief of Law Professors submitted. |
| Amicus brief of Ad Hoc Group of Local Councils of the Boy Scouts of America submitted. |
| Brief amicus curiae of The Association of the Bar of the City of New York filed. (Distributed) |
| Amicus brief of Highland Capital Management, L.P. submitted. |
| Amicus brief of Boy Scouts of America submitted. |
| Brief amici curiae of Aldrich Pump LLC, Murray Boiler LLC, and Bestwall LLC filed. (Distributed) |
| Brief amicus curiae of Highland Capital Management, L.P. filed. (Distributed) |
| Brief amici curiae of Aldrich Pump LLC, Murray Boiler LLC, and Bestwall LLC filed. (Hard copy correction required and received--11/2/23.) (Distributed) |
| Brief amicus curiae of The Association of the Bar of the City of New York filed. |
| Motion for divided argument filed by the Debtor respondents and the Creditor respondents. |
| Brief amici curiae of Cheryl Juaire, et al. filed. (Distributed) |
| Brief amici curiae of The Chamber Of Commerce Of The United States Of America, The American Tort Reform Association, The Product Liability Advisory Counsel, Inc., And The National Association Of Manufacturers filed. (Distributed) |
| Brief amicus curiae of Ad Hoc Group of Local Councils of the Boy Scouts of America filed. (Distributed) |
| Brief amicus curiae of Certain Former Commissioners of the American Bankruptcy Institute's Commission to Study the Reform of Chapter 11 filed. (Distributed) |
| Amicus brief of Certain Former Commissioners of the American Bankruptcy Institute's Commission to Study the Reform of Chapter 11 submitted. |
| Brief amici curiae of The Recovery Advocacy Project, et al. filed. (Distributed) |
| Amicus brief of The Recovery Advocacy Project, the Kennedy Forum, End Overdose, and Team Sharing Inc. submitted. |
| Amicus brief of FEDERATION OF SOVEREIGN INDIGENEOUS NATIONS submitted. |
| Brief amici curiae of The Arkansas Opiod Recovery Partnership, The Association of Arkansas Counties, and the Arkansas Municipal League filed. (Distributed) |
| Amicus brief of The Arkansas Opiod Recovery Partnership, The Association of Arkansas Counties, and the Arkansas Municipal League submitted. |
| Brief of Debtors Respondents filed. (Distributed) |
| Brief of Mortimer-Side Initial Covered Sackler Respondents filed. (Distributed) |
| Brief of respondent Multi-State Governmental Entities Group filed. (Distributed) |
| Brief of respondent The Ad Hoc Committee of Governmental and Other Contingent Litigation Claimants filed. (Distributed) |
| Brief of The Ad Hoc Committee of Governmental and Other Contingent Litigation Claimants submitted. |
| Brief of respondent The Official Committee of Unsecured Creditors of Purdue Pharma L.P., et al. filed. (Distributed) |
| Brief of respondent Ad Hoc Group of Individual Victims of Purdue Pharma, L.P., et al. filed. (Distributed) |
| Brief of Debtor Respondents filed. (Distributed) |
| Brief of Debtors, Purdue Pharma L.P., and Its Affiliates submitted. |
| Letter to Hon. Scott S. Harris, Clerk of Court of Raymond Sackler Family submitted. |
| Brief of Mortimer-Side Initial Covered Sackler Respondents submitted. |
| Brief of Ad Hoc Group of Individual Victims of Purdue Pharma, L.P., et al. submitted. |
| Brief of Multi-State Governmental Entities Group submitted. |
| Brief of The Official Committee of Unsecured Creditors of Purdue Pharma L.P., et al. submitted. |
| Brief of respondents The Official Committee of Unsecured Creditors of Purdue Pharma L.P., et al. filed. (Distributed) |
| Brief of respondents Ad Hoc Group of Individual Victims of Purdue Pharma, L.P., et al. filed. (Distributed) |
| Brief of respondents The Ad Hoc Committee of Governmental and Other Contingent Litigation Claimants filed. (Distributed) |
| Letter of respondent Raymond Sackler Family filed. |
| CIRCULATED |
| Complete record on appeal from the United States Court of Appeals for the Second Circuit electronically received and available with the Clerk. |
| Record requested from the United States Court of Appeals for the Second Circuit. |
| SET FOR ARGUMENT on Monday, December 4, 2023. |
| Brief amicus curiae of Insolvency Law Committee of Business Law Section of California Lawyers Association in support of neither party filed. |
| Brief amicus curiae of Kim Harold Peterson filed. |
| Brief amicus curiae of Atlantic Basin Refining, Inc. filed. |
| Brief amici curiae of Bankruptcy Law Professors Ralph Brubaker, et al. filed. |
| Brief amicus curiae of American College of Bankruptcy in support of neither party filed. |
| Amicus brief of Bankruptcy Law Professors submitted. |
| Brief amicus curiae of Adam J. Levitin filed. |
| Brief amici curiae of The Commercial Law League of America, et al. in support of neither party filed. |
| Brief amici curiae of NexPoint Advisors, L.P., et al. filed. |
| Amicus brief of "Texas Two-Step" Victims submitted. |
| Brief amicus curiae of Federation of Sovereign Indigenous Nations filed. (Distributed) |
| Brief amici curiae of Bankruptcy Law Professors (Oct. 4, 2023) filed. |
| Amicus brief of Bankruptcy Law Professors submitted. |
| Brief amici curiae of "Texas Two-Step" Victims filed. |
| Brief amici curiae of Martin J. Bienenstock, et al. filed. |
| Brief amici curiae of The Honorable Eugene Wedoff (Ret.), et al. filed. |
| Joint appendix (Volume 1) filed. |
| Brief of petitioner William K. Harrington, United States Trustee, Region 2 filed. |
| Brief of respondent Ellen Isaacs, on behalf of Patrick Ryan Wroblewski filed. |
| Joint appendix (Volume 2) filed. |
| Brief of respondents City of Grande Prairie, as representative plaintiff for a class consisting of all Canadian municipalities, et al. filed. |
| Brief of respondent Ellen Isaacs, on behalf of Patrick Ryan Wroblewski, in support filed. |
| Brief of respondents City of Grande Prairie, as representative plaintiff for a class consisting of all Canadian municipalities, et al., in support filed. |
| Brief of petitioner William K. Harrington, United States Trustee, Region 2 filed. |
| Letter of respondents California, Connecticut and Oregon notifying the Clerk that they will not be filing or joining a brief on the merits filed. |
| The following briefing schedule is established: The joint appendix, petitioner's brief on the merits, and the brief of any respondent in support, is to be filed on or before Wednesday, September 20, 2023. Respondents' briefs on the merits are to be filed on or before Friday, October 20, 2023. Any reply brief is to be filed in accordance with Rule 25.3. |
| Application (23A87) referred to the Court. |
| Petition GRANTED. |
| Application (23A87) granted by the Court. The application for stay presented to Justice Sotomayor and by her referred to the Court is granted. The mandate of the United States Court of Appeals for the Second Circuit in case No. 22-110 and the consolidated cases is recalled and stayed. Applicant suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted. The parties are directed to brief and argue the following question: Whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under Chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties, without the claimants’ consent. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the December 2023 argument session. The stay shall terminate upon the sending down of the judgment of this Court. |
| Motion to Direct the Clerk to File a Sur-Reply denied by Justice Sotomayor. |
| Motion to Direct the Clerk to File a Sur-Reply filed by respondent Debtors, Purdue Pharma L.P., and Its Affiliates. |
| Sur-Reply to Application of Debtors, Purdue Pharma L.P., and Its Affiliates not accepted for filing. (August 08, 2023) |
| Reply of applicant William K. Harrington filed. |
| Response to application from respondent State of California, et al. filed. |
| Response to application from respondent Ad Hoc Group of Individual Victims of Purdue Pharma, L.P., et al. filed. |
| Response to application from respondent Debtors, Purdue Pharma L.P., and Its Affiliates filed. |
| Response to application from respondent State of California filed. |
| Response to application from respondent The Official Committee of Unsecured Creditors of Purdue Pharma L.P., et al. filed. |
| Response to application from respondent Multi-State Governmental Entities Group filed. |
| Response to application from respondent The Ad Hoc Committee of Governmental and Other Contingent Litigation Claimants filed. |
| Response to application from respondent City of Grande Prairie, et al. filed. |
| Petition for a writ of certiorari filed. (See order of August 10, 2023) |
| Response to application (23A87) requested by Justice Sotomayor, due by noon (EDT), Friday, August 4, 2023. |
| Application (23A87) for a stay, submitted to Justice Sotomayor. |
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