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Nathalie Thuy Van v. Language Line LLC, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-16386, 16-16797, 16-16798 · judgment April 26, 2018


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

Whether the Court of Appeals made a decision with respect to the disqualification requirement that conflict with past United States Supreme Court decisions: "Disqualification is required if an objective observer would entertain reasonable questions about the judge's impartiality. If a judge's attitude or state of mind leads observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified." Whether the Court of Appeals made a decision with respect to the fraudulent court records that conflict with past United States Supreme Court decisions: "Only an inspection of the record of the case showing that the judge was without jurisdiction or violated a person's due process rights, or where fraud was involved in the attempted procurement of jurisdiction, is sufficient for an order to be void. In instances herein, the law has stated that the orders are void ab initio and not voidable because they are already void." Whether the Court of Appeals for the Ninth Circuit made a decision with respect to fraud upon the court that conflict with past Court of Appeals for the Seventh Circuit decisions.

Counsel of record

For petitioner
Nathalie Thuy Van

For respondent
Joel Paul Kelly
Jackson Lewis LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Aug 08 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Aug 02 2018
    Waiver of right of respondents Language Line LLC, et al. to respond filed.
  4. Jul 19 2018
    Petition for a writ of certiorari filed. (Response due August 22, 2018)