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Sandra Finch v. Allstate Property and Casualty Insurance Company

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-10068 · judgment July 14, 2017


Certiorari denied · February 20, 2018
Pre-decision estimate: 1% cert probability

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

Question presented

I. Whether a District Court may use the inherent power to penalize the exercise of a Fifth Amendment privilege? II. Whether Petitioner received the process due to her under the Fifth Amendment to the Federal Constitution where she was denied adequate notice of the orders to testify sufficient to comply, object and/or prepare a meaningful defense; denied notice of the specific conduct being sanctioned and type of sanctions being sought sufficient to prepare a defense; denied any hearing on attorney fee sanctions which in turn deprived her of any right to take testimony on attorney fees, confront the attorney’s fees or to rebut them, or challenge the nexus of the conduct complained of with the topic of the law journal? III. Does the Court of Appeals’ misapplication of a de novo finding of waiver, which was never raised in the trial Court or in any appellate brief, invoke this Court’s duty of supervision of the federal judiciary?

Counsel of record

For petitioner
Dale Christopher Russell
The Russell's Law Firm, PLC

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 20 2018
    Petition DENIED.
  2. Jan 31 2018
    DISTRIBUTED for Conference of 2/16/2018.
  3. Dec 26 2017
    Proof of Service (parties below) of Sandra Finch not accepted for filing. (January 05, 2018)
  4. Dec 11 2017
    Petition for a writ of certiorari filed. (Response due January 16, 2018)