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Thomas M. Utterback v. Trustmark National Bank, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-60249 · judgment November 22, 2017


Certiorari denied · April 30, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

When a plaintiff has alleged a credible tort claim against an attorney based on the attorneys' misconduct, should the federal trial and appellate courts, where possible, exercise judicial discretion to insure adjudication on the merits? If so, do trial and appellate courts abuse their discretion by failing to transfer to a trial court of more competent jurisdiction when that would more likely allow a trial on the merits?

Counsel of record

For petitioner
Thomas M. Utterback

For respondent
William Frederick Ray
Suite 300

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 30 2018
    Petition DENIED.
  2. Apr 11 2018
    DISTRIBUTED for Conference of 4/27/2018.
  3. Mar 05 2018
    Waiver of right of respondent Trustmark National Bank to respond filed.
  4. Feb 20 2018
    Petition for a writ of certiorari filed. (Response due March 26, 2018)