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Robert Grundstein v. Lamoille Superior Docket Entries/Orders, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-2998 · judgment September 11, 2020


Certiorari denied · April 19, 2021
Pre-decision estimate: 0% cert probability

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

Question presented

1 RESOLVE CIRCUIT SPLITS WITH RESPECT TO “ROOKER-FELDMAN” FRAUD EXCEPTION Should the Circuit Splits with respect to the Rooker-Feldman Fraud Exception be reconciled in favor of the exception? Some jurisdictions have a fraud exception to “Rooker” and some don’t. Reconciliation would allow federal jurisdiction where fraud is alleged. 2 RESOLVE CIRCUIT SPLITS WITH RESPECT TO “ROOKER-FELDMAN” AND MEANING OF “INEXTRICABLY INTERTWINED” Should the Circuit Splits between the character of state analysis and the meaning of “Inextricably Intertwined” as a criteria for the application of Rooker-Feldman, be recon­ ciled? Some jurisdictions say Rooker-Feldman only applies if a Federal Question-Constitutional Issue was actually ex­ amined in a state court, after which the state provided an opinion and order responsive to the Constitutional matters. Others do not and bar jurisdiction on the minimal basis of a state order which has not contemplated Constitutional issues. 3 RESOLVE CIRCUITS SPLITS WITH RESPECT TO THE “ROOKER-FELDMAN” VOID AB INITIO EXCEPTION Should the Circuit Splits by which some jurisdictions will not apply “Rooker-Feldman” to deny Federal review for state court judgments which are void ab initio and others which do not make this distinction, be reconciled?

Counsel of record

For petitioner
Robert H. Grundstein

For respondent
Benjamin Daniel Battles
Pollock Cohen LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 19 2021
    Petition DENIED.
  2. Mar 24 2021
    DISTRIBUTED for Conference of 4/16/2021.
  3. Feb 24 2021
    Waiver of right of respondent Randall Mulligan to respond filed.
  4. Feb 23 2021
    Waiver of right of respondent Vermont Attorney General Thomas J. Donovan, Jr. to respond filed.
  5. Dec 09 2020
    Petition for a writ of certiorari filed. (Response due March 15, 2021)