Supreme Court of the United States · Official docket →
Mako One Corporation, et al. v. Cedar Rapids Bank and Trust Company
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 18-1298 · judgment March 21, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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When a Circuit Court finds opposing counsel has an actual and serious conflict of interest in a civil case, should the Court view the conflict as a “structural error” and be required to reverse, remand, and restart all proceedings? The Circuits are widely split on the proper remedy when a conflict is found; cases from multiple Circuits are cited herein attempting to address this issue, and the decisions are about equally split on the proper remedy. Furthermore, there is little guidance on how federal courts should deal with conflict of interest issues in civil cases.
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Is there a violation of constitutional due process if a Petitioner is not provided an opportunity to prove harm by way of an evidentiary hearing once a Circuit Court finds a conflict of interest by opposing counsel?
Counsel of record
For petitioner
Jack Duran Jr.
Duran Law Office
For respondent
Richard H. Moeller
Moore, Hefferman, Moeller & Meis, LLP
Proceedings
- Jan 22 2020Application for extension of time to file motion to reconsider denial of certiorari not accepted for filing. (February 06, 2020 - See Rule 44.2)
- Jan 13 2020Petition DENIED.
- Dec 23 2019DISTRIBUTED for Conference of 1/10/2020.
- Dec 10 2019Waiver of right of respondent Cedar Rapids Bank and Trust Company to respond filed.
- Dec 02 2019Petition for a writ of certiorari filed. (Response due January 3, 2020)
- Oct 01 2019Application (19A354) granted by Justice Gorsuch extending the time to file until December 2, 2019.
- Sep 26 2019Application (19A354) to extend the time to file a petition for a writ of certiorari from October 3, 2019 to December 2, 2019, submitted to Justice Gorsuch.