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J. Martin Robertson v. Larkspur Courts, et al.

Paid petition · Court of Appeal of California, First Appellate District, No. A160942 · judgment October 5, 2021


Certiorari denied · May 23, 2022
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 Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 as amended by Section 204 of the Medicare IVIG Access and Strengthening Medicare and Repaying Taxpayers Act of 2012, 42 U.S.C. § 1395y(b)(8), or guidance that the Centers for Medicare & Medicaid Services has issued to implement the statute since January 3, 2017 has required settlement or judgment debtors or their insurers to report the Social Security number or date of birth of a settlement or judgment creditor to CMS before or after they pay him a money settlement or judgment?

  2. Whether a settlement or judgment creditor’s rights to liberty and privacy under the Fourteenth Amendment to the U.S. Constitution protect his Social Security number and date of birth from disclosure to settlement and judgment debtors before or after they pay him a money settlement or judgment?

  3. Whether, in denying a judgment creditor’s requests that it take judicial notice of the CMS guidance on which judgment debtors’ insurers relied to claim they needed his Social Security number and date of birth to report payment of a money settlement and judgment to CMS, subsequent CMS guidance and a Social Security Administration report on the history of the Social Security number, the California Court of Appeal denied him due process and equal protection of the law which the Fourteenth Amendment to the U.S. Constitution guarantees him?

Counsel of record

For petitioner
J. Martin Robertson

For respondent
Steven R. Disharoon
Wood Smith Henning & Berman

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 23 2022
    Petition DENIED.
  2. May 03 2022
    DISTRIBUTED for Conference of 5/19/2022.
  3. Apr 15 2022
    Waiver of right of respondent Larkspur Courts, et al. to respond filed.
  4. Mar 28 2022
    Petition for a writ of certiorari filed. (Response due May 2, 2022)