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Chinonyerem Osuagwu v. Home Point Financial Corporation, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 22-1403 · judgment May 10, 2023


Certiorari denied · January 8, 2024
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. Did the State Court violate the petitioner’s Fourteenth Amendment right when it empowered one of the respondents to sign his (the petitioner’s) name and signature to bona fide legal documents, despite his vehement protestation, and absent legitimate Power of Attorney, and by this means, enabled deprivation of property, as well as the endangerment of his liberty?

  2. Are the respondents liable, under 26 U.S.C. § 7434, for the injury suffered by the petitioner, when they sold his property, in defiance of a pending motion to stay the sale of said property - pursuant to New York Civil Practice Laws & Rules § 5519 (c) , and thereafter filed Form 1099 with the IRS, indicating taxable income to the petitioner, but failed to remit the income to him?

  3. In light of the Decision of the New York Court of Appeals in Aybar v. Aybar, 2021, N.Y. Slip Op 05393, is “Complete Diversity,” as mandated by the Second Circuit, practical as a determinant of federal jurisdiction in multi-party cases originating in the state of New York?

Counsel of record

For petitioner
Chinonyerem Osuagwu

For respondent
Marc James Ayers
Bradley Arant Boult Cummings LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 08 2024
    Petition DENIED.
  2. Dec 13 2023
    DISTRIBUTED for Conference of 1/5/2024.
  3. Nov 27 2023
    Waiver of right of respondents Home Point Financial Corp. and Home Point Capital, Inc. to respond filed.
  4. Aug 23 2023
    Petition for a writ of certiorari filed. (Response due November 27, 2023)