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Aparna Vashisht-Rota v. Howell Management Services, et al.

Paid petition · Court of Appeals of Utah, No. 20210395-CA · judgment December 2, 2021


Certiorari denied · December 5, 2022
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Whether application of the contempt analysis associated with Utah R. Civ. P. 11 sanctions to review a Utah R. Civ. P. 83 Vexatious Litigant order is fundamentally flawed due to lack of the safe harbor which merits the extension of jurisdiction beyond the dismissal of the complaint when appropriately done per Rule 41?

  2. Whether the Court of Appeals self-identified lack of jurisdiction makes any determination on the merits problematic especially by a clear and convincing standard?

  3. Whether Rule 11 framework is appropriate given the Petitioner never received a letter under Rule 11?

  4. Whether the Rule 11 framework as applied to Rule 83 analysis means that all of Rule 11 should be applicable and Petitioner withdrew the alleged Offending Motions allows preclusion of Rule 11 sanction?

  5. Whether Petitioner is entitled to a de novo assessment claims that matured as 100% of the work was done under the AAA agreement?

  6. Can a Utah state Court bar claims pending in federal Court based on AAA?

  7. Whether a moot case resuscitates after a voluntary dismissal?

Counsel of record

For petitioner
Aparna Vashisht-Rota

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Feb 21 2023
    Rehearing DENIED.
  2. Jan 11 2023
    DISTRIBUTED for Conference of 2/17/2023.
  3. Dec 06 2022
    Petition for Rehearing filed.
  4. Dec 05 2022
    Petition DENIED.
  5. Nov 09 2022
    DISTRIBUTED for Conference of 12/2/2022.
  6. Jul 22 2022
    Petition for a writ of certiorari filed. (Response due October 24, 2022)