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Archer v. Warner January 13, 2002 (01-1418) return to case listing Case Summary In a prior suit, Petitioners sued Respondents claiming fraudulent misrepresentation and other misconduct arising from the sale of certain corporate assets. The parties settled the dispute without any admission of liability or wrongdoing. Under the agreement, Respondents issued a promissory note for part of the settlement amount, but defaulted on the first scheduled payment. Petitioners sued for collection on the note, but while the collection suit was pending, Respondents filed for bankruptcy. Petitioners then brought an adversary proceeding in Bankruptcy Court seeking judgment for the amount due under the note and a determination that the debt was not dischargeable. The Bankruptcy Court found in favor of Respondents and the District Court affirmed. The Fourth Circuit Court of Appeals affirmed, holding that the settlement completely released Respondents from potential nondischargeability claims. The opinion of the Fourth Circuit is found at 283 F.3d 230. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 6-3 to Reverse 9-0 to Reverse 5-4 to Reverse 6-3 to Affirm 7-2 to Reverse VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Thomas Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Stevens O'Connor Souter Ginsburg Breyer Stevens O'Connor Souter Rehnquist O'Connor Scalia Kennedy Souter Ginsburg Breyer VOTING TO AFFIRM Stevens Souter Ginsburg Rehnquist Scalia Kennedy Thomas Rehnquist Scalia Kennedy Thomas Ginsburg Breyer Stevens Thomas return to case listing