Supreme Court of the United States · Official docket →
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
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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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?
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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
- Apr 29 2024Petition DENIED.
- Apr 10 2024DISTRIBUTED for Conference of 4/26/2024.
- Apr 08 2024Waiver of right of respondent Glenn Allen Hagar, Jr., et al. to respond filed.
- Mar 11 2024Petition for a writ of certiorari filed. (Response due April 15, 2024)