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Sara Gonzalez Flavell v. International Bank for Reconstruction and Development
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-7060 · judgment July 9, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Federal courts are ones of limited jurisdiction. In February 2020 Petitioner brought complaint in D.C. Superior Court against IBRD for D.C. law violations. IBRD removed the case to federal court, next moving to dismiss for lack of jurisdiction. Petitioner moved to remand. On March 25, 2021 the district court, stating it acted without removal jurisdiction, denied both motions, retaining Petitioner’s action without filings or remedy, effectively disposing of the state law case. It next refused to certify an interlocutory appeal. Petitioner approached the court of appeals for extraordinary writ, noting the district court’s order is void for lack of jurisdiction, abuse of lawful authority and abuse of discretion, and violation of her Constitutional right to procedural due process. The court of appeals denied the petition stating the district court may determine removal jurisdiction based on later filings on unconnected grounds. Certiorari is sought because the lower two courts’ failure to follow the law here undermines the bedrock core principle of the judicial system, jurisdictional limits, frustrating Congress’s determination and their own purpose, creating new legal rights by exercising judicial authority they lack. These courts’ also ignore existing federal caselaw and their own prior consistent decisions. The questions presented are: 1. Whether a writ of certiorari is appropriate because, contrary to the denial of mandamus and
Counsel of record
For petitioner
Sara Gonzalez Flavell
For respondent
Jeffrey T. Green
Sidley Austin
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 10 2022Petition DENIED.
- Dec 15 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 09 2021Waiver of right of respondent Int'l Bank for Development to respond filed.
- Dec 02 2021Petition for a writ of certiorari filed. (Response due January 5, 2022)