U.S. Court of Appeals for the Second Circuit

Case Status


Docket Number



Case Updates

Second Circuit denies petition for rehearing en banc

September 15, 2016

U.S. Chamber urges Second Circuit to rehear General Motors bankruptcy case

August 15, 2016

The U.S. Chamber filed an amicus brief urging the Second Circuit to grant a petition for panel rehearing and rehearing en banc of a case concerning the enforceability of the General Motors Bankruptcy Court’s Sale Order against various plaintiff groups. The brief explained how, if allowed to stand, the Panel’s decision will impose enormous and impractical burdens on companies who participate in bankruptcy sales and drive up the costs for debtors, creditors, and purchasers alike. It will inevitably dilute the value of the estate of Chapter 11 debtors by requiring debtors to invite plaintiffs’ lawyers to file claims regardless of merit.

Thomas R. McCarthy and J. Michael Connolly of Consovoy McCarthy Park PLLC served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents