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Albert Von Weingarten v. Lonnie Chester

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-2932-cv · judgment August 28, 2020

Certiorari denied · January 11, 2021
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Does Title 14 Vermont Statutes Annotated Section 1208 provide for an independent cause of action for maladministration of an estate, which can be brought in the United States District Court of Vermont based on diversity jurisdiction?

  2. If there was any doubt about Vermont’s Supreme Court recognizing the statute as creating an independent action, should the trial and/or appellate court have certified the questions to the Vermont Supreme Court?

Counsel of record

For petitioner
Harold B. Stevens III
Stevens Law Office

For respondent
Duncan Frey Kilmartin
Rexford and Kilmartin, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 23 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Dec 04 2020
    Waiver of right of respondent Lonnie Chester to respond filed.
  4. Nov 24 2020
    Petition for a writ of certiorari filed. (Response due December 31, 2020)