Douglas A. KELLEY, in his capacity as the Trustee of the BMO Litigation Trust, Appellee,
v.
BMO HARRIS BANK NATIONAL ASSOCIATION, as successor to M&I Marshall and Ilsley Bank, Appellant.
The Bank Policy Institute; Securities Industry and Financial Markets Association; Chamber of Commerce of the United States of America, Amici on Behalf of Appellant(s),
National Association of Federal Equity Receivers, Amicus on Behalf of Appellee(s),
Douglas A. Kelley, in his capacity as the Trustee of the BMO Litigation Trust, Appellant,
v.
BMO Harris Bank National Association, as successor to M&I Marshall and Ilsley Bank, Appellee.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: May 9, 2024.
Filed: September 12, 2024.
Amended: September 12, 2024.
Attorney(s) appearing for the Case
Counsel who presented argument on behalf of the appellant/cross-appellee and appeared on the brief was Donald B. Verrilli, Jr., of Washington, DC. The following attorney(s) also appeared on the appellant brief; Keith Solomon Moheban, I, of Minneapolis, MN, Joshua D. Yount, of Chicago, IL, Lucia Nale, of Chicago, IL, Morgan A Davis, of New York, NY, Elaine Janet Goldenberg, of Washington, DC, Benjamin G. Barokh, of Los Angeles, CA, Elissa A. Walter, of Washington, DC, Gina Parlovecchio, of New York, NY, John Gleeson, of New York, NY, Michael Schaper, of New York, NY, Richard A. Spehr, of New York, NY, Susan Reagan Gittes, of New York, NY, Rachel G. Miller-Ziegler, of Washington, DC, Alexandra Caitlin Lim, of Washington, DC.
Counsel who presented argument on behalf of the appellee/cross-appellant and appeared on the brief was Paul D. Clement, of Alexandria, VA. The following attorney(s) also appeared on the appellee brief; Eric J. Magnuson, of Minneapolis, MN, Randall Tietjen, of Minneapolis, MN, Stephen Paul Safranski, of Minneapolis, MN, Michael A. Collyard, of Minneapolis, MN, Greta Ann Wiessner, of Minneapolis, MN, David Marder, of Boston, MA, Morgia D. Holmes, of Boston, MA, Peter Ihrig, of Minneapolis, MN, H. Bartow Farr, of Alexandria, VA.
The following attorney(s) appeared on the amicus brief of The Bank Policy Institute, The Securities Industry and Financial Markets Association, and The Chamber of Commerce of the United States of America in support of appellant BMO Harris Bank, N.A.; William Brian Monahan, of New York, NY, Matthew A. Schwartz, of New York, NY, H. Rodgin Cohen, of New York, NY, Kevin Carroll, of Washington, DC, Tara S. Morrissey, of Washington, DC, Janet Galeria, of Washington, DC, John Court, of Washington, DC, Rachel Rolnick, of New York, NY, Max J. Kober, of New York, NY, Gregg L. Rozansky, of Washington, DC.
The following attorney(s) appeared on the amicus brief of the National Association of Federal Equity Receivers in support of appellee Douglas A. Kelley; David Allen Castleman, of New York, NY, Melanie L. Cyganowski, of New York, NY, Varinder P. Singh, of New York, NY.
Before COLLOTON, Chief Judge, BENTON and SHEPHERD, Circuit Judges.
COLLOTON, Chief Judge.
This appeal is the latest in a series of disputes arising from Thomas Petters's multibillion-dollar Ponzi scheme. When the scheme collapsed, a federal district court placed one of his companies, Petters Company, Inc. (PCI), in a receivership and appointed Douglas Kelley as a receiver. PCI then filed for bankruptcy, and Kelley...
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