Supreme Court of the United States · Official docket →

Johnnie C. Ivy, III, et al. v. H. Thomas Moran, II

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-3048 · judgment June 27, 2018

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.

Questions presented

Petitioners are investors, or survivors of investors, who purchased shares in the death benefits of an individual, Mr. Jordan’s, life insurance policies. Mr. Jordan died on February 4, 2004, vesting the death benefits with Petitioners and other similarly situated investors. After Mr. Jordan died, LifeTime Capital, Inc., the viatical company which sold the shares to Petitioners, was placed in receivership under the supervision of the United States District Court for the Southern District of Ohio. The Court has refused to rule on Petitioners’ ownership claims, but also denies Petitioners any rights to the proceeds of the policies.

Whether the District Court’s refusal to provide Petitioners with a predeprivation hearing on their ownership claims deprived Petitioners of necessary due process.
Whether the District Court’s refusal to recognize that Petitioners ownership of the policy proceeds vested with them on Mr. Jordan’s death deprived Petitioners of property without necessary due process of law.

Counsel of record

For petitioner
Marina Tramontozzi

For respondent
Joseph C. Oehlers
Bieser, Greer & Landis, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

Feb 19 2019
Petition DENIED.
Jan 30 2019
DISTRIBUTED for Conference of 2/15/2019.
Jan 11 2019
Brief of respondent H. Thomas Moran, II in opposition filed.
Dec 06 2018
Petition for a writ of certiorari filed. (Response due January 14, 2019)