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Giuliano Stefano Giovanni Wildhaber v. EFV, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-12751 · judgment December 10, 2018


Certiorari denied · October 7, 2019
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

1 QUESTIONS CONSIDERED FOR REVIEW The special facts and procedural posture of this case render it ideal for resolving whether the ATS/ATCA allows liability under a hundred percent (100%) valid kept foreign (Switzerland) Statute of Limitation. This case is an excellent vehicle for resolving the future issue ATS statute of limitation. This judgment will become a landmark decision for the future ATS jurisdiction because their is no any precedent. It will be very important for courts or other judicial bodies use when deciding later cases with similar issues or facts. Unfortunately, this ATS legal question remained on three court decisions three times unanswered. Now I present only this one very interesting and special ATS (aliens tort claim act) legal question for review. Wildhaber has hundred percent proofs, that the Swiss twenty year time limitation were interrupted by two Swiss court actions and this even vice-versa. Also by the defendants v. Wildhaber on 05/27/2016 1.06 Mio. This is a fact-specific determination because a finding "extraordinary circumstances [necessary for equitable tolling] is reserved for extraordinary facts." In addition, the defendants EFV & EBK-Finma Switzerland missed the deadlines (1 + 2 days) for their motions and recured in the wrong court not like

Counsel of record

For petitioner
Guiliano Wildhaber

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jun 26 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Feb 15 2019
    Petition for a writ of certiorari filed. (Response due June 10, 2019)