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Marian S. A. Tipp v. JPMC Specialty Mortgage, LLC

Paid petition · Supreme Court of Alabama, No. 1180108 · judgment August 9, 2019


Certiorari denied · February 24, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

The Fourteenth Amendment's due process clause declares that No state shall ... deprive any person of ... life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (emp) Pursuant to §10-2B-15.02(a), Ala.Code 1975, sometimes referred to as "the door-closing statute," foreign corporations “mav not maintain a proceeding in this state without a certificate of authority. All contracts or agreements ... shall be held void at the action of the foreign corporation or by any person claiming through or under the foreign corporation by virtue of the contract or agreement;...." (emp) Petitioner's reference to “foreign corporations” below are those that failed to comply with state laws to “do business” and are not “within its jurisdiction” or “within” the jurisdiction of its courts. The Questions Presented Are:

  1. Where “life, liberty & property” are fundamental rights equally protected, does a 'decision' with no opinion or legal authority depriving a person of property violate the Fifth and Fourteenth Amendment.

  2. Where foreign corporations claims are barred by 'door-closing' statutes, does maintaining a “cause of action” or “affirmative defense” violate the

Counsel of record

For petitioner
Marian S.A. Tipp

For respondent
Michael E. Turner
Cabniss, Johnston, et al.

Case

Conference history
Distributed for 1 conference

Linked docket
19A350

Proceedings

  1. Feb 24 2020
    Petition DENIED.
  2. Jan 29 2020
    DISTRIBUTED for Conference of 2/21/2020.
  3. Jan 23 2020
    Waiver of right of respondent JPMC Specialty to respond filed.
  4. Jan 06 2020
    Petition for a writ of certiorari filed. (Response due February 10, 2020)
  5. Sep 30 2019
    Application (19A350) granted by Justice Thomas extending the time to file until January 6, 2020.
  6. Sep 23 2019
    Application (19A350) to extend the time to file a petition for a writ of certiorari from November 7, 2019 to January 6, 2020, submitted to Justice Thomas.