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Beverly L. Hennager v. Troutman Sanders LLP

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-1858 · judgment December 3, 2018


Certiorari denied · April 29, 2019
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 rules and laws governing how charging liens are imposed and executed in Federal District Courts should be clarified so as to uniformly apply in all Federal Courts. To establish clarification that charging liens do not apply to any money due a client, but only to judgments obtained with the lawyer's assistance. To provide judicial interpretation of 2006 Code of Virginia 54.1-3932 in order to protect the constitutional rights of citizens provided under the Fourteenth Amendment that "no person shall be deprived of life, liberty, or property without due process of law", and that all persons are entitled to "equal protection of the laws". At issue is a) whether a Federal District Court may grant charging liens to attorneys representing a Defendant when the attorneys did not render services to obtain a monetary judgment and where the client acting pro se achieved the distribution of funds over a year after the attorneys withdrew; b) whether a client has the legal right to contest charges of an attorney and be heard in a court of law, prior to judgment awarding payment. Petitioner requests the Court remand case 1: 15-cv00149-LO-TCB to another jurisdiction for Motion by FRCP 60(a)(3), given the Petitioner, as a defendant, was threatened with a prefihing injunction to bar further action.

Counsel of record

For petitioner
Beverly Hennager

For respondent
Stephen Charles Piepgrass
Troutman Sanders, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 29 2019
    Petition DENIED.
  2. Apr 10 2019
    DISTRIBUTED for Conference of 4/26/2019.
  3. Mar 29 2019
    Waiver of right of respondent Troutman Sanders LLP to respond filed.
  4. Feb 27 2019
    Petition for a writ of certiorari filed. (Response due April 1, 2019)