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John M. Probandt, et al. v. Dennis P. Walker

Paid petition · Court of Appeals of Nebraska, No. A-16-844 · judgment September 12, 2017


Certiorari denied · October 9, 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

Is the State Courts' intentional refusal to apply the provisions of the Nebraska Uniform Commercial Code ("Neb. UCC") (a preemptive and uniform Code which is the primary law) to adjudicate liability among the co-makers of a negotiated instrument (the "Note"), a violation of the U.S. Constitution, Amend. XIV, § 1? Is the knowing and intentional refusal to apply the Neb. UCC by the Courts, without any justification whatsoever, a violation of 18 U.S.C. § 242, Deprivation of rights under color of law? Does the Nebraska Appellate Court's mandate to the Nebraska District Court directing the entry of a judgment against a former managing member for his expenditures of an Oregon Limited Liability Company (LLC) funds violate the Internal Affairs Doctrine?

Counsel of record

For petitioner
John M. Probandt

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 09 2018
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Sep 19 2018
    DISTRIBUTED for Conference of 10/5/2018.
  3. Aug 03 2018
    Petition for a writ of certiorari filed. (Response due September 7, 2018)