IN RE VENOCO LLC

Nos. 20-1061; 20-1062 and 20-1063.

998 F.3d 94 (2021)

IN RE: VENOCO LLC, d/b/a Venoco, Inc., et al., Debtors. Eugene Davis, in his capacity as Liquidating Trustee of the Venoco Liquidating Trust v. State of California; California Lands Commission, Appellants.

United States Court of Appeals, Third Circuit.

Opinion filed: May 24, 2021.


Attorney(s) appearing for the Case

Edward K. Black , Office of Attorney General of Delaware, Delaware Department of Justice, 820 North French Street, Carvel Office Building, Wilmington, DE 19801, Mitchell E. Rishe , (Argued), Office of Attorney General of California, 300 South Spring Street, Suite 1702, Los Angeles, CA 90013, Counsel for Appellant State of California.

David M. Fournier , Kenneth A. Listwak , Troutman Pepper LLP, Hercules Plaza, Suite 5100, 1313 Market Street, Wilmington, DE 19899, Steven S. Rosenthal (Argued), Marc S. Cohen , Laura K. McNally , Alicia M. Clough , Loeb & Loeb LLP, 901 New York Avenue, N.W., Suite 300 East, Washington, DC 20001, Counsel for Appellant California Lands Commission.

Mark E. Dendinger , Bracewell LLP, 185 Asylum Street, CityPlace I, 34th Floor, Hartford, CT 06371, Warren W. Harris , (Argued), Bracewell LLP, 711 Louisiana Street, Suite 2300, Houston, TX 77002, Jason Hutt , Brittany M. Pemberton , Bracewell LLP, 2001 M Street, N.W. Suite 900, Washington, DC 20036, Counsel for Appellee.

Before: AMBRO, PORTER, and ROTH, Circuit Judges.


OPINION OF THE COURT

States can generally assert sovereign immunity to shield themselves from lawsuits, but bankruptcy proceedings are one of the exceptions. The Supreme Court held in Central Virginia Community College v. Katz, 546 U.S. 356, 378, 126 S.Ct. 990, 163 L.Ed.2d 945...

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