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Philip C. James, et al. v. Glenn Allen Hegar, Jr., Individually and in His Official Capacities as Comptroller of Texas, Chairman of the Texas Treasury Safekeeping Trust Company, and Administrator of Texas Unclaimed Property Funds, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-50828 · judgment November 16, 2023


Certiorari denied · April 29, 2024
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Petitioners’ assets were escheated to the State under the Texas Unclaimed Property Act and the State currently has physical possession of their property. Have Petitioners suffered an injury to confer standing to challenge Respondents’ ongoing administration of Texas’ Unclaimed Property Act?

  2. Petitioners challenged the constitutionality of Texas’ Unclaimed Property Act and Respondents’ enforcement thereof. As property owners and Texas citizens whose private property is currently in Texas’ bank account, have Petitioners alleged an ongoing violation of federal law for purposes of Ex parte Young or must Petitioners also demonstrate additional takings of their property are imminent or certainly impending?

Counsel of record

For petitioner
Richard M. Paul III
Paul LLP

For respondent
Aaron Lloyd Nielson
Office of the Texas Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 29 2024
    Petition DENIED.
  2. Apr 10 2024
    DISTRIBUTED for Conference of 4/26/2024.
  3. Apr 08 2024
    Waiver of right of respondent Glenn Allen Hagar, Jr., et al. to respond filed.
  4. Mar 11 2024
    Petition for a writ of certiorari filed. (Response due April 15, 2024)