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Diana Berber v. Wells Fargo Bank, N.A., et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-13222 · judgment August 18, 2021


Certiorari denied · March 21, 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.

Question presented

Did the Court of Appeals, despite the presence of the requisite “extraordinary circumstances”, by affirming the District Court’s denial of Petitioner Diana Berber’s Rule 60, Federal Rules of Civil Procedure, motion to set aside the final judgment, stray from the trail which had been blazed by this Court in Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 (1944), Klapprott v. United States, 335 U.S. 601 (1949), and Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847 (1988), and thereby inflict on Ms. Berber a manifest injustice?

Counsel of record

For petitioner
Lawrence Richard Metsch
Metschlaw, P.A.

For respondent
Ryan Patrick Forrest
Littler Mendelson, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 21 2022
    Petition DENIED.
  2. Mar 08 2022
    Reply of petitioner Diana Berber filed. (Distributed)
  3. Feb 23 2022
    DISTRIBUTED for Conference of 3/18/2022.
  4. Feb 09 2022
    Brief of respondents Wells Fargo Bank, N.A., et al. in opposition filed.
  5. Nov 16 2021
    Petition for a writ of certiorari filed. (Response due February 11, 2022)