Supreme Court Report

Supreme Court of the United States · Official docket →

McIlwain, LLC, aka Timothy J. McIlwain, Attorney at Law v. Hagens Berman Sobol Shapiro LLP

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-15445 · judgment August 6, 2021


Certiorari denied · February 22, 2022
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Did the court below err in not considering the issue of whether the District Court had subject matter jurisdiction to consider the sole special defense upon which the court granted summary judgment?

  2. Did the decision of the court below in affirming the decision of the District Court granting summary judgment conflict with this Court’s decision in. Transunion, LLC v. Ramirez,___U.S. 141 S.Ct. 2190, 210 L.Ed.2d 568, 2021 WL 2599472 (June 25, 2021)?

  3. Did the court below commit reversible error in affirming the decision of the District Court to revoke Plaintiff s pro hac vice appearance?

  4. Did the court below err by refusing to consider Plaintiffs argument that he should have been permitted to appear pro se on behalf of his limited liability com­ pany.

  5. Should this court reconsider its holdings in Osborn v. Bank of the United States, 9 Wheat. 738, 22 U.S. 738, 6 L.Ed 204 (1824); and Rowland v. Men’s Colony, Unit IIMen’s Advisory Council, 506 U.S. 194, 113 S.Ct. 716,121 L.Ed 2nd 756 (1993) to the extent the decisions’ prohibition of single owner, single employee, limited liability corporations from appearing in feder­ al courts except through licensed attorneys, violates the due process clause, and equal protection component of the Fifth Amendment to the U.S. Constitution?

Counsel of record

For petitioner
Timothy J. McIlwain

For respondent
Robert B. Carey
Hagens Berman Sobol Shapiro LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 22 2022
    Petition DENIED.
  2. Jan 26 2022
    DISTRIBUTED for Conference of 2/18/2022.
  3. Jan 20 2022
    Waiver of right of respondent Hagens Berman Sobol Shapiro LLP to respond filed.
  4. Dec 16 2021
    Petition for a writ of certiorari filed. (Response due January 24, 2022)