Federal Judiciary

Petition of the day

By Anna Christensen

The petition of the day is: 

Title: Stern v. Marshall
Docket: 10-179
Issue(s): (1) Whether the Ninth Circuit?s interpretation of 28 U.S.C. § 157(b)(2)(C) contravenes congressional intent; (2) whether Congress may authorize core jurisdiction over debtors? compulsory counterclaims to proofs of claim; (3) whether the Ninth Circuit contravened Supreme Court precedent and created a circuit split by holding that Congress cannot constitutionally authorize non-Article III bankruptcy judges to enter final judgment on all compulsory counterclaims to proofs of claim; and (4) whether a creditor who dismisses a state court claim against a debtor, files a proof of that claim in the bankruptcy, and litigates the claim against the estate in that forum has consented to core jurisdiction over the debtor?s compulsory counterclaim that encompasses an affirmative defense.

Certiorari-Stage Documents

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner's reply

Full post as published by SCOTUSBLOG on September 08, 2010 (boomark / email).