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GemCap Lending I, LLC v. Quarles & Brady, LLP, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-56514 · judgment September 11, 2019

Certiorari denied · March 23, 2020
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

  1. When an attorney representing a borrower makes false and misleading representations of fact and opinion in connection with a commercial loan application and that attorney is later sued for fraud, can the district court, consistent with the standard set forth in Rule 56(a) of the Federal Rules of Civil Procedure, grant summary judgment in favor of that attorney despite evidence that the attorney knew the representations were false and misleading at the time they were made?

  2. Does an attorney’s role as a zealous advocate relieve the attorney from his or her ethical obligations and responsibilities to be truthful and not conceal material facts?

Counsel of record

For petitioner
Reuben Alexander Ginsburg
Michelman & Robinson, LLP

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 23 2020
    Petition DENIED.
  2. Feb 26 2020
    DISTRIBUTED for Conference of 3/20/2020.
  3. Dec 09 2019
    Petition for a writ of certiorari filed. (Response due February 10, 2020)