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Shoman Kasbekar, et al. v. Ivy Station Community Association, Inc., et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-10620 · judgment November 28, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
After holding that the Rooker-Feldman doctrine jurisdictionally barred it from determining whether a state court judgment is void ab initio and subject to collateral attack, the Eleventh Circuit determined that a Georgia court acted with jurisdiction and in a manner consistent with Fourteenth Amendment Due Process when it entered judgment on a pleading expressly disallowed by Georgia’s Civil Practice Act and thereby ordered a plaintiff to pay damages on claims asserted against a third-party and the third-party to pay damages on claims asserted against the plaintiff. Refusing to apply Georgia law to determine the validity of a Georgia court judgment, the Eleventh Circuit reasoned that two pleadings, one asserting claims against the plaintiff and the other asserting claims against the third-party, were “substantively identical” and, as such, the plaintiff and the third-party each had notice to defend claims asserted solely against the other. The questions presented are: 1. Whether a state court acts with jurisdiction and in a manner consistent with Fourteenth Amendment Due Process when it enters judgment on a pleading expressly disallowed by the state’s rules of civil procedure and orders a person to pay damages on claims not asserted against that person but against another person.
Counsel of record
For petitioner
Shivali Kasbekar
Law Offices of Robin E. Paley
For respondent
Daniel B. Millman
Stites & Habison PLLC
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 26 2023Petition DENIED.
- Jun 06 2023DISTRIBUTED for Conference of 6/22/2023.
- May 04 2023Waiver of right of respondents Weissman, P.C. and Jason LoMonaco to respond filed.
- Apr 21 2023Petition for a writ of certiorari filed. (Response due May 25, 2023)