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So any indication that the petition has piqued canada goose outlet new york city the justices canada goose outlet toronto factory interest is good news for the trustee and bad news for canada goose outlet online store review the banks that want the 2nd Circuit decision to stand as the last word on Picard claims. Picard petition, moreover, doesn raise questions that would usually prompt the Supreme Court to ask for the SG views. Remember, Picard operates under the auspices of the Securities Investor Protection Corporation, a nonprofit that was established by Congress in the Securities Investor Protection Act but is not a federal agency. The canada goose shop uk trustee suits against Madoff bankers don implicate obvious federal government interests, as, for example, a case involving a foreign government would. Nor is this a circumstance in which the Supreme Court is weighing an issue that percolating in the canada goose outlet store near me lower courts and wants the canada goose outlet us SG view of whether a particular case presents a good vehicle to decide it. As I mentioned, the three questions presented in the trustee canada goose outlet uk cert petition are obscure indeed: When the SIPC has advanced payments to defrauded investors, does it then have the right to pursue those investors claims against canada goose parka outlet third parties under the theory of subrogation; canada goose outlet vancouver does the SIPA give the canada goose outlet store calgary trustee a right to sue third parties under state law for contributing to a brokerage wrongdoing; and does an SIPC trustee have standing to sue third parties on behalf of a brokerage customers through another mechanism, such as the federal bankruptcy code? (Believe it or not, I attempted to strip those questions of legalese; that the best I could do.) The 2nd Circuit didn leave any doubt about its answers to canada goose outlet uk sale those questions. District Judges Jed Rakoff and Colleen McMahon had in the trial court rulings under appellate review. McMahon, in dismissing Picard claims against JPMorgan in November 2011, actually called one canada goose factory outlet of his theories on standing that New York law permits a judgment creditor in a bankruptcy to assume causes of action belonging to other creditors The bank briefs opposing Picard bid for Supreme Court review argue canada goose jacket outlet store that there no reason for the justices to jump into issues that are either a matter of New York law on which the 2nd Circuit is properly the last canada goose outlet in toronto word; have already been addressed by the Supreme Court, which restricted the reach of bankruptcy trustees in 1972, in Caplin v. Marine Midland; have procedural deficiencies that make this case an improper vehicle; or do not present or frequently recurring questions, to quote a joint cert opposition brief by Wachtell, Lipton, Rosen Katz (for JPMorgan) and Gibson, Dunn Crutcher (for UBS). It canada goose outlet london uk is true, the banks concede, that in a 1995 ruling called Appleton v. National Bank of Ohio, the 6th Circuit Court of Appeals held that canada goose jacket outlet uk a SIPC trustee may pursue claims belonging to defrauded investors. But according to the opposition brief of HSBC and Unicredit, represented by Skadden, Arps, Slate, Meagher Flom and Cleary Gottlieb Steen Hamilton, the 6th Circuit relied on discredited 2nd Circuit precedent a since overturned case called Redington v. Touche Ross that was expressly rejected canada goose victoria parka outlet in the 2nd Circuit Madoff trustee opinion in June. (There also arguably a 3rd Circuit decision that supports Picard, but the banks claim it mere dicta from a 1977 case with facts distinguishable from those in the Madoff litigation.) Given all of the reasons for the Supreme Court to pass on the Madoff cert petition, why has it instead invited the SG to opine? One theory is that the justices or, at least, the Supreme Court clerks who prepare memos on certiorari petitions were swayed canada goose outlet store quebec by headlines about JPMorgan big settlement of Madoff related claims. With JPMorgan chipping up canada goose kensington parka uk $2.6 billion for its ties to Madoff, that theory goes, the Supreme Court wanted to be sure it considered every possible goose outlet canada argument for holding Madoff bankers liable. government of restricting the ability of SIPC trustees to pursue claims against fraud abettors; SIPC, after all, is not a federal agency. A distinct but related theory is that, regardless of JPMorgan big settlement, the Supreme Court wants to understand all of the policy implications of the trustee arguments. Baker Hostetler reply canada goose uk to the banks asserts with great vehemence that if the Supreme Court denies cert, it permanently hobble SIPC and SIPA trustees from carrying out their duty to make whole the customers of failed brokerages. The justices must hold banks accountable for enabling Ponzi schemers, the brief said, and unless the court steps in canada goose outlet seattle to reverse the 2nd Circuit, will prove unequal in every case to adequately compensating those injured by financial fraud. Under standard operating procedure, both sides will now meet with the solicitor general in an attempt to receive his office support. The SG, as you know, has complete discretion to recommend that the cert petition be granted or denied, to submit a brief that takes no position on cert, or to decline altogether the court invitation to submit a brief. It unlikely that the office will respond to the invitation before May or June, which means the Supreme Court may not decide whether to grant Picard petition for review canada goose outlet store new york before its June recess and, if it does grant cert, certainly won hear the case until next term. By then JPMorgan will probably be out of the Supreme Court litigation, as long as the bankruptcy judge overseeing the Madoff case approves its settlement with Picard. The other banks, however, were less entwined with Madoff than JPMorgan and are expected to continue battling Picard, all the way through Supreme Court arguments, if need be. judge chides Cobell lawyers for trying to squelch appeal canada goose uk black friday.