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William Kinney, et ux. v. Anderson Lumber Company, Inc.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-5150 · judgment March 28, 2018

Certiorari denied · January 7, 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

Does the post removal statute, Title 28 Section 1447, bar the vacatur of a remand order obtained by attorney misconduct and fraud? Plaintiffs were unsuccessful in their attempt aimed at persuading the Sixth Circuit to adopt the reasoning applied by the Fourth Circuit in the case of Barlow v. Colgate Palmolive Co. [F. 3d, 2014 WL 66610861, which allowed for vacatur of a remand order under the same circumstances presented in this appeal.

Counsel of record

For petitioner
William Kinney

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 07 2019
    Petition DENIED.
  2. Dec 05 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Sep 17 2018
    Petition for a writ of certiorari filed. (Response due November 19, 2018)