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Carl Lawson, et ux. v. Bell Sports USA

Paid petition · Superior Court of New Jersey, Appellate Division, No. A-3909-14T1 · judgment July 24, 2017


Certiorari denied · February 19, 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

This Court has made it clear that, where interactions between citizens and State actors directly impact issues relating to life, liberty, and property, the right to a hearing guaranteed by the Fourteenth Amendment’s Due Process Clause is an expansive one, encompassing all forms of hearings as well as conferences. However, the Court has never specifically considered the extent to which the right to participate in a conference is protected by the Due Process Clause, when the “State actor” is a State court, and the conference at issue is mandated by a State court’s own rules. The Court has also made clear when the opportunity for live testimony of critical witnesses is required by the Due Process Clause in State court criminal proceedings, to assure that a defendant receives a hearing “appropriate to the case.” However, the Court has never considered the question of when the opportunity to present live testimony is required in a State court civil action, or what other factors need to be considered to assure that State court civil litigants receive a hearing “appropriate to the case.” This petition provides the opportunity for the Court to address these important issues, by considering the following questions: 1. Whether the Fourteenth Amendment’s Due Process Clause prohibits a State court from directly violating one of its own court rules, by failing to provide

Counsel of record

For petitioner
G. Martin Meyers
G. Martin Meyers, P.C.

For respondent
James C. Ughetta
Littleton Park Joyce Ughetta & Kelly

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 19 2019
    Petition DENIED.
  2. Jan 23 2019
    DISTRIBUTED for Conference of 2/15/2019.
  3. Jan 03 2019
    Waiver of right of respondent Bell Sports USA to respond filed.
  4. Dec 06 2018
    Petition for a writ of certiorari filed. (Response due January 9, 2019)