| No. 22-1079 | |
| Title: | Truck Insurance Exchange, Petitioner v. Kaiser Gypsum Company, Inc., et al. |
| Docketed: | May 5, 2023 |
| Lower Ct: | United States Court of Appeals for the Fourth Circuit |
| Case Numbers: | (21-1858) |
| Decision Date: | February 14, 2023 |
| Questions Presented | |
| Date | Proceedings and Orders |
| May 03 2023 | Petition for a writ of certiorari filed. (Response due June 5, 2023) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Jun 05 2023 | Brief amici curiae of Anthony J. Casey, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 21 2023 | DISTRIBUTED for Conference of 9/26/2023. |
| Jul 07 2023 | Response Requested. (Due August 7, 2023) |
| Jul 18 2023 | Motion to extend the time to file a response from August 7, 2023 to September 5, 2023, submitted to The Clerk. |
| Main Document | |
| Jul 19 2023 | Motion to extend the time to file a response is granted and the time is extended to and including September 5, 2023, for all respondents. |
| Sep 05 2023 | Brief of respondents Kaiser Gypsum Company, Inc., et al. in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 05 2023 | Brief of respondent Official Committee of Asbestos Personal Injury Claimants in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 19 2023 | Reply of petitioner Truck Insurance Exchange filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 20 2023 | DISTRIBUTED for Conference of 10/6/2023. |
| Oct 10 2023 | DISTRIBUTED for Conference of 10/13/2023. |
| Oct 13 2023 | Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition. |
| Nov 16 2023 | Motion for an extension of time to file the briefs on the merits filed by petitioner. |
| Main Document | |
| Nov 20 2023 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 7, 2023. The time to file respondents' brief on the merits is extended to and including January 17, 2024. |
| Dec 07 2023 | Brief of petitioner Truck Insurance Exchange filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 07 2023 | Joint appendix (volumes I and II) filed. (Statement of costs filed) |
| Main DocumentMain DocumentProof of Service | |
| Dec 13 2023 | Brief amici curiae of Anthony J. Casey, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 14 2023 | Brief amici curiae of American Property Casualty Insurance Association, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 14 2023 | Brief amicus curiae of United States filed. |
| Main DocumentProof of Service | |
| Jan 02 2024 | Motion for a further extension of time to file respondents' brief on the merits filed. |
| Main DocumentProof of Service | |
| Jan 09 2024 | Motion to further extend the time to file respondents' brief on the merits granted and the time is extended to and including January 24, 2024. |
| Jan 24 2024 | Brief of Debtor-side respondents filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 24 2024 | Brief of respondents Official Committee of Asbestos Personal Injury Claimants, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 29 2024 | SET FOR ARGUMENT on Tuesday, March 19, 2024. |
| Jan 29 2024 | Record requested from the United States Court of Appeals for the Fourth Circuit. |
| Jan 30 2024 | Motion for divided argument filed by respondents. |
| Main DocumentProof of Service | |
| Jan 31 2024 | Brief amicus curiae of United Policyholders filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 31 2024 | Brief amici curiae of Bankruptcy Experts filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2024 | Brief amici curiae of Co-Chairs of The American Bankruptcy Institutes, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2024 | Brief amicus curiae of American Association for Justice filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2024 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Main DocumentProof of Service | |
| Feb 01 2024 | Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER. |
| Feb 14 2024 | CIRCULATED |
| Feb 20 2024 | Motion for divided argument filed by respondents GRANTED. Justice Alito took no part in the consideration or decision of this motion. |
| Feb 20 2024 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Alito took no part in the consideration or decision of this motion. |
| Feb 23 2024 | Reply of petitioner Truck Insurance Exchange filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 19 2024 | Argued. For petitioner: Allyson N. Ho, Dallas, Tex.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For debtor respondents: C. Kevin Marshall, Washington, D. C. For claimant respondents: David C. Frederick, Washington, D. C. |
| Mar 19 2024 | Letter from the Solicitor General filed. |
| Main Document | |
| Jun 06 2024 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which all other Members joined, except Alito, J., who took no part in the consideration or decision of the case. |
| Jul 08 2024 | Judgment Issued. |
| Main Document |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Allyson Ho Counsel of Record | Gibson, Dunn & Crutcher LLP 2001 Ross Avenue Suite 2100 Dallas, TX 75201 AHO@GIBSONDUNN.COM | (214) 698-3100 |
| Party name: Truck Insurance Exchange | ||
| Attorneys for Respondents | ||
| David C. Frederick Counsel of Record | Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. 1615 M Street, NW, Suite 400 Washington, DC 20036-3209 DFREDERICK@KELLOGGHANSEN.COM | 202-326-7900 |
| Party name: Official Committee of Asbestos Personal Injury Claimants | ||
| Edwin John Harron Counsel of Record | Young Conaway Stargatt & Taylor, LLP 1000 North King Street Wilmington, DE 19801 eharron@ycst.com | 3025716703 |
| Party name: Future Claimants' Representative | ||
| Charles Kevin Marshall Counsel of Record | Jones Day 51 Louisiana Avenue, N.W. Washington, DC 20001 ckmarshall@jonesday.com | 2028793939 |
| Party name: Kaiser Gypsum Company, Inc. and Hanson Permanente Cement, Inc. | ||
| Kevin C. Maclay | Caplin and Drysdale, Chartered One Thomas Circle, NW Suite 1100 Washington, DC 20005 KMACLAY@CAPDALE.COM | 202-862-7841 |
| Party name: Official Committee of Asbestos Personal Injury Claimants | ||
| Mark A. Nebrig | Moore & Allen PLLC 100 North Tryon Street Suite 4700 Charlotte, NC 28202 marknebrig@mvalaw.com | 704-331-1000 |
| Party name: Lehigh Hanson | ||
| James Leeland Patton Jr. | Young Conaway Stargatt & Taylor LLP Rodney Square Wilmington, DE 19801 jpatton@ycst.com | 302-571-6600 |
| Party name: Future Claimants' Representative | ||
| Other | ||
| Elizabeth B. Prelogar Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: United States | ||
| Laura Anne Foggan Counsel of Record | Crowell & Moring LLP 1001 Pennsylvania Avenue, N.W. Washington, DC 20004-2595 lfoggan@crowell.com | 2026242774 |
| Party name: American Property Casualty Insurance Association and Complex Insurance Claims Litigation Association | ||
| Robert James Keach Counsel of Record | Bernstein Shur Sawyer & Nelson, P.A. 100 Middle Street P.O. Box 9729 Portland, ME 04104 rkeach@bernsteinshur.com | (207) 774-1200 |
| Party name: Co-Chairs of The American Bankruptcy Institutes’ Commission to Study the Reform of Chapter 11 | ||
| Caroline Cook Lindsay Counsel of Record | Hilgers Graben PLLC 332 S Michigan Avenue, Suite 121 #5612 Chicago, IL 60604 CLINDSAY@HILGERSGRABEN.COM | 5039392833 |
| Party name: Anthony J. Casey, et al. | ||
| Jonathan S. Massey Counsel of Record | Massey & Gail LLP 1000 Maine Avenue SW Suite 450 Washington, DC 20024 JMASSEY@MASSEYGAIL.COM | 202-652-4511 |
| Party name: Bankruptcy Experts | ||
| Robert S. Peck Counsel of Record | Center for Constitutional Litigation, PC 1901 Connecticut Avenue, NW Suite 1008 Washington, DC 20009 ROBERT.PECK@CCLFIRM.COM | 2029442874 |
| Party name: American Association for Justice | ||
| Colin Emmet Wrabley Counsel of Record | Reed Smith LLP 225 Fifth Avenue Pittsburgh, PA 15222 cwrabley@reedsmith.com | (412) 288-3131 |
| Party name: United Policyholders | ||