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Kim Kerrigan v. Qualstar Credit Union, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-35174 · judgment June 29, 2018


Certiorari denied · April 29, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.

Question presented

When the standing of a removing defendant is challenged in the Court of Appeals must that Court directly address such standing challenge pursuant to its independent and sua sponte duty to establish that the presumption against lower federal courts subject matter jurisdiction has been rebutted? Is the presumption against subject matter jurisdiction of federal courts rebutted by Washington procedural law?

Counsel of record

For petitioner
Scott Erik Stafne
Stafne Law Advocacy and Consulting

For respondent
Joseph W. McIntosh
McCarthy & Hothus, LLP

Case

Conference history
Distributed for 1 conference

Linked docket
18A674

Proceedings

  1. Apr 29 2019
    Petition DENIED.
  2. Apr 19 2019
    Certificate of Word Count and Proof of Service filed with respect to supplemental brief of Kim C. Kerrigan.
  3. Apr 10 2019
    DISTRIBUTED for Conference of 4/26/2019.
  4. Apr 09 2019
    Supplemental brief of petitioner Kim C. Kerrigan filed. (Distributed) (To Be Recovered)
  5. Mar 29 2019
    Waiver of right of respondent Bayview to respond filed.
  6. Mar 14 2019
    Waiver of right of respondent Qualstar to respond filed.
  7. Jan 14 2019
    Petition for a writ of certiorari filed. (Response due March 29, 2019)
  8. Dec 27 2018
    Application (18A674) granted by Justice Kagan extending the time to file until January 14, 2019.
  9. Dec 22 2018
    Application (18A674) to extend the time to file a petition for a writ of certiorari from January 2, 2019 to January 14, 2019, submitted to Justice Kagan.