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Jenny Bruns, et vir v. USAA, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-5011 · judgment August 11, 2022


Certiorari denied · October 10, 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.

Questions presented

  1. The conspiracy theory of personal jurisdiction ("CTPJ") is nebulous and has no consensus in State and Federal courts. Does the theory satisfy the Four­ teenth Amendment’s Due Process concerns for non­ resident federal antitrust co-conspirators under the Supremacy Clause, without resort to a State's longarm statutes for a private cause of action under 15 U.S.C. §15, when 15 U.S.C. §22 attaches one co­ conspirator for venue and personal jurisdiction, in a District where the victim also resides and experienc­ es the injury? 2: In the alternative, whether the gap-filling All Writs Act reaches co-conspirators for personal juris­ diction with a private cause of action, by using the analogous 15 U.S.C. §5, which allows courts on be­ half of United States attorneys under §4 to invoke nationwide jurisdiction over nonresidents to restrain antitrust conspiracies for the ends of justice.

  2. Also in the alternative, whether Georgia v. Penn­ sylvania Railroad Co., 324 U.S. 439 (1945), should be overruled to include private attorneys general in 15 U.S.C. §§4's and 5's scope because the semicolon in §4 insulates the clause that governs district Courts' jurisdiction to prevent and restrain violations of sections 1 to 7 of the Sherman Act.

  3. By burking the gravamen of our complaint's Judi­ cial Code Canon 3D claim, did the courts below deny our due process and equal protection rights guaran­ teed by the Fourteenth Amendment, thus repudiat­ ing Rooker-Feldman and res judicata principles, while permitting an objectively self-imposed disqual­ ified State court judge to play "velvet blackjack" with impunity? (i)

Counsel of record

For petitioner
Jenny Bruns

For respondent
Dawn Elizabeth Boyce
McGavin, Boyce, Bardot, Thorsen and Katz P.C.

Case

Conference history
Distributed for 4 conferences

Linked docket
22A614, 22A716

Proceedings

  1. Dec 11 2023
    Rehearing DENIED.
  2. Dec 01 2023
    Rescheduled.
  3. Dec 01 2023
    DISTRIBUTED for Conference of 12/8/2023.
  4. Nov 08 2023
    DISTRIBUTED for Conference of 12/1/2023.
  5. Oct 26 2023
  6. Oct 10 2023
    Petition DENIED.
  7. Oct 02 2023
    DISTRIBUTED for Conference of 10/6/2023.
  8. Sep 27 2023
    Rescheduled.
  9. Sep 20 2023
    Suggestion for recusal from petitioners received. (Distributed)
  10. Jun 22 2023
    Reply of petitioners Jenny Bruns, et vir filed. (Distributed)
  11. Jun 21 2023
    DISTRIBUTED for Conference of 9/26/2023.
  12. Jun 14 2023
    Waiver of right of respondents J. Eric Boyette/James Trogdon, Secretary of NCDOT to respond filed.
  13. Jun 07 2023
    Brief of respondents USAA, et al. in opposition filed.
  14. Jun 01 2023
    Waiver of right of respondents Cooper, et al. to respond filed.
  15. May 30 2023
    Waiver of right of respondent Phillip Cheatwood to respond filed.
  16. May 23 2023
    Waiver of right of respondents Dalton Bryant, Sr, Rhonda Renee Sutton Bryant, Dalton Bryant, Jr. to respond filed.
  17. May 10 2023
    Waiver of right of respondent United States to respond filed.
  18. Apr 27 2023
    Motion to extend the time to file a response is granted and the time is extended to and including June 9, 2023 (thirty day extension of time), for all respondents.
  19. Apr 26 2023
    Motion of respondents USAA and John I. Maone, Jr. to extend the time to file a response from May 10, 2023 to June 9, 2023, submitted to The Clerk.
  20. Apr 06 2023
    Petition for a writ of certiorari filed. (Response due May 10, 2023)
  21. Feb 07 2023
    Application (22A716) to file petition for a writ of certiorari in excess of word limits granted by The Chief Justice. The petition for a writ of certiorari may not exceed 20,000 words.
  22. Feb 07 2023
    Application (22A614) granted by The Chief Justice extending the time to file until April 6, 2023.
  23. Jan 30 2023
    Application (22A716) to file petition for a writ of certiorari in excess of word limits, submitted to The Chief Justice.
  24. Jan 30 2023
    Application (22A614) to extend further the time from March 6, 2023 to April 6, 2023, submitted to The Chief Justice.
  25. Jan 11 2023
    Application (22A614) granted by The Chief Justice extending the time to file until March 6, 2023.
  26. Jan 04 2023
    Application (22A614) to extend the time to file a petition for a writ of certiorari from February 5, 2023 to March 6, 2023, submitted to The Chief Justice.