Supreme Court of the United States · Official docket →
Kristy Ross v. Federal Trade Commission
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 22-2078 · judgment July 19, 2023
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition filed soon after the judgment below, and counsel who has filed here before.
Questions presented
The questions presented are:
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Whether a judgment lacking in subject matter jurisdiction under Article III of the U.S. Constitution is “void” under Federal Rule of Civil Procedure 60(b)(4) even if an “arguable basis” existed for the exercise of subject matter jurisdiction.
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Whether, if governing, the “arguable basis” test is satisfied by application of a legal principle overruled by this Court in a 9-0 decision.
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Whether a 9-0 decision by this Court overruling erroneous circuit court decisional law per se provides no grounds for relief under Federal Rule of Civil Procedure 60(b)(6).
Counsel of record
For petitioner
Robert P. Greenspoon
Dunlap Bennett & Ludwig, PLLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 22 2024Petition DENIED.
- Jan 03 2024DISTRIBUTED for Conference of 1/19/2024.
- Jan 03 2024Reply of petitioner Kristy Ross filed. (Distributed)
- Dec 18 2023Brief of respondent Federal Trade Commission in opposition filed.
- Nov 09 2023Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2023.
- Nov 08 2023Motion to extend the time to file a response from November 17, 2023 to December 18, 2023, submitted to The Clerk.
- Oct 16 2023Petition for a writ of certiorari filed. (Response due November 17, 2023)