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Elizabeth Haring Coomes v. Maryland Insurance Administration

Paid petition · Court of Appeals of Maryland, No. 24, September Term, 2017 · judgment March 8, 2018


Certiorari denied · December 3, 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

Whether 11 U.S.C. 362(b)(4), the police and regulatory power exception to the automatic stay of bankruptcy, applies to a Debtor's appeal of a final regulatory action and whose bankruptcy estate includes the subject matter of the appeal? Whether violations of the automatic stay of bankruptcy are void or voidable? Whether the voluntary surrender of an insurance producer license in the absence of any formal or informal, final Virginia administrative agency proceeding that included fact finding or resolution of disputed facts, administrative charges, any action, admissions of guilt, findings of fact, conclusions of law or Order is the final disposition of an adverse administrative action within the. ambit of the Graham-Leach-Bliley Act's Insurance Producer Licensing Model Act Section 17: Reporting of Actions as codified in all 50 states, in particular in the Annotated Code of Maryland, Insurance Article, Section 10-126(f)? Whether the Maryland Insurance Administration had authority to assert original jurisdiction and try Petitioner de novo under Maryland law for acts that occurred in Virginia? Whether the law of Double Jeopardy, Rule of Lenity and Doctrine of Merger apply to an administrative proceeding where the statute expressly criminalizes violations and contains a criminal penalty? tus ui:o ;•

Counsel of record

For petitioner
Elizabeth Haring Coomes

For respondent
Julia Doyle

Case

Conference history
Distributed for 1 conference

Linked docket
17A1316

Proceedings

  1. Dec 03 2018
    Motion to defer consideration of the petition for a writ of certiorari DENIED.
  2. Dec 03 2018
    Petition DENIED.
  3. Nov 27 2018
    Motion to defer consideration of the petition for a writ of certiorari filed by petitioner. (Distributed)
  4. Nov 07 2018
    DISTRIBUTED for Conference of 11/30/2018.
  5. Nov 01 2018
    Waiver of right of respondent Maryland Insurance Administration to respond filed.
  6. Aug 24 2018
    Petition for a writ of certiorari filed. (Response due November 29, 2018)
  7. Jun 06 2018
    Application (17A1316) granted by The Chief Justice extending the time to file until August 24, 2018.
  8. May 26 2018
    Application (17A1316) to extend the time to file a petition for a writ of certiorari from June 25, 2018 to August 24, 2018, submitted to The Chief Justice.