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Daniel Kristof Lak v. California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-56613 · judgment June 5, 2020


Certiorari denied · May 3, 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.

Questions presented

  1. Whether a state can be shielded from suit in federal court via 11th Amendment immunity in actions brought pursuant to Title IV-D of the Social Security Act when (i) Congress has clearly abrogated state immunity, (ii) when Section 5 of the 14th Amendment limits the state’s immunity, (iii) when a private right of action arises under Title IV-D of the Social Security Act, (iv) the state has consented to suit, and (v) the state has voluntarily invoked the jurisdiction of the federal courts for suits brought under Title IV-D of the Social Security Act?

  2. Whether a Plaintiff has complied with Rule 8 of the Federal Rules of Civil Procedure when Plaintiffs original complaint, although complex and voluminous, is otherwise presented in a simple and plausible manner?

Counsel of record

For petitioner
Daniel Kristof Lak

For respondent
William L. Haluck
Koeller, Nebeker, Carlson and Haluck, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 03 2021
    Petition DENIED.
  2. Apr 14 2021
    DISTRIBUTED for Conference of 4/30/2021.
  3. Mar 17 2021
    Waiver of right of respondent The County of Orange to respond filed.
  4. Mar 17 2021
    Waiver of right of respondents Orange County Department of Child Support Services, et al. to respond filed.
  5. Mar 16 2021
    Waiver of The County of Orange of right to respond not accepted for filing. (March 16, 2021)
  6. Feb 16 2021
    Petition for a writ of certiorari filed. (Response due April 2, 2021)