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Sergei Vinkov v. United States District Court for the Central District of California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-70559 · judgment March 11, 2021


Certiorari denied · October 12, 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. Whether the District Court abused its discretion retaining jurisdiction over the Declaratory Judgment Act (28 USC § 2201(a)) in the insurance dispute, if: a) the Insurer failed to allege that it incurred defense costs in the amount of $75,000 (diversity amount) or more in the Underlying Action to invoke the federal jurisdiction under 28 USC § 13322 b) the Insurer failed to allege pure secular claims to satisfy the specific and actual controversy requirement under Article III of US Constitution and Establishment Clause of First Amendment?"

  2. Whether the petition must be summarily disposed in the light of Fulton v. Philadelphia, 593 U. S. (2021)?

Counsel of record

For petitioner
Sergei Vinkov

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 12 2021
    Petition DENIED.
  2. Sep 22 2021
    DISTRIBUTED for Conference of 10/8/2021.
  3. Aug 04 2021
    Petition for a writ of certiorari filed. (Response due September 10, 2021)