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Ganiyu Ayinla Jaiyeola v. Robert Allen Brundage

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-1083 · judgment November 14, 2022


Certiorari denied · May 1, 2023
Pre-decision estimate: 0% cert probability

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

Question presented

Question 1 presented is: Whether a District Court can nullify an exist­ ing diversity jurisdiction by doing sua sponte conversion of one of Plaintiff’s two witnesses into Plaintiff’s second Defendant without a hearing or full briefing; an action that de­ stroyed Plaintiff’s diversity jurisdiction, de­ nied Plaintiff due process, and resulted in the dismissal of Plaintiff’s complaint for lack of subject-matter jurisdiction. “Because a district court has no discretion not to abide by governing law, an erroneous legal conclusion deserves no deference on appeal. See Koon v. United States, 518 U.S. 81, 100 (1996); United States v. Titterington, 374 F.3d 453, 456 (6th Cir. 2004).”1 The two primary sources of subject-matter juris­ diction of the federal courts are diversity jurisdiction and federal question jurisdiction. Diversity jurisdic­ tion generally permits individuals to bring claims in federal court where the claim exceeds $75,000 and the parties are citizens of different states. See 28 U.S.C. § 1332. “We have an “independent obligation to determine whether subject-matter jurisdiction exists, even in the United States v. LaDeau, No. 12-6611 (6th Cir. 2013).

Counsel of record

For petitioner
Ganiyu Ayinla Jaiyeola

For respondent
Kathleen H. Klaus
Madden Hauser Roth and Heller PC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 01 2023
    Petition DENIED.
  2. Apr 12 2023
    DISTRIBUTED for Conference of 4/28/2023.
  3. Apr 04 2023
    Waiver of right of respondent Robert Brundage to respond filed.
  4. Mar 14 2023
    Petition for a writ of certiorari filed. (Response due April 17, 2023)