Supreme Court Report

Supreme Court of the United States · Official docket →

Steven W. Bernstein v. Wells Fargo Bank, N.A., et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 16-16440 · judgment July 12, 2017


Certiorari denied · October 1, 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

In light of this Court's ruling on Jesinoski v. Countrywide Home Loans, Inc., 135 S. Ct. 790, 190 L. Ed. 2d 650 (2015) was it error for the trial court to dismiss the case after the trial court stated". I find Plaintiff has stated a plausible claim for entitlement to the benefit of the TILA three-year rescission rule" [Appendix B, p.151? Was it error for the trial Court and the 11th Circuit to dismiss/affirm, when the Jesinoski case shows that "giving notice alone affects a rescission by operation of law"; and that Mr. Bernstein "did not have to file a lawsuit to compel rescission"? Mr. Bernstein showed that he had not received the Right to Cancel documents at closing, and that the Annual Percentage Rate and Finance Charges exceeded TILA tolerances, was it error for the trial court to hold that the security interest and note do not automatically became void after notice? Is it error when the trial court/appellate courts make a ruling that there is a one year limitations period beginning twenty days after notice of rescission is ignored, and ignore that Mr. Bernstein had filed a civil action? Is it error when numerous United States District Courts throughout the United States, are ruling in contradiction to one another, and in contradiction to Justice Scalia's ruling in Jesinoski, by dismissing cases on the grounds shown in 15 U.S.C. §1640, even though notice of rescission had been timely given?

Counsel of record

For petitioner
Steven W. Bernstein

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
17A944

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Jun 27 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. May 08 2018
    Petition for a writ of certiorari filed. (Response due June 15, 2018)
  4. Mar 08 2018
    Application (17A944) granted by Justice Thomas extending the time to file until May 12, 2018.
  5. Mar 01 2018
    Application (17A944) for an extension of time within which to comply with the order of February 20, 2018, submitted to Justice Thomas.