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Kyros Law P.C., et al. v. World Wrestling Entertainment, Inc., et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 21-3127, 21-3136 · judgment August 28, 2023


Certiorari denied · February 20, 2024
Pre-decision estimate: 1% cert probability

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

Question presented

In judicial proceedings in United States District Courts, what Due Process mandates under United States Constitution Article III and Amendment V, Rules Enabling Act, Federal Rules of Civil Procedure and Inherent Judicial Power protect an attorney’s reputation, honor, integrity and property? In this case, the U.S. Court of Appeals for the Second Circuit affirmed monetary and non-monetary sanctions imposed by the U.S. District Court for the District of Connecticut under inherent powers. The first question presented: Are sanctions imposed upon Petitioner under Federal Rules of Civil Procedure derived from inherent judicial power as discussed in Willy v. Coastal Corp., 503 U.S. 131, 139 (1992)? The second question presented: Are federal courts required to follow the Fifth Amendment due process mandates of Chambers v. Nasco, Inc., 501 U.S. 32 (1991) and Roadway Express, Inc. v. Piper, 447 U.S. 752 (1980) in ascertaining whether Petitioner lacked good faith to award attorneys’ fees under the Federal Rules of Civil Procedure? The third question presented: Did Congress by the Rules Enabling Act, confer upon this Court the authority to adopt the Federal Rules of Civil Procedure and expand inherent power sanctions beyond Chambers and Roadway to deprive Petitioner of liberty and property?

Counsel of record

For petitioner
Konstantine William Kyros
Kyros Law Offices

For respondent
Jeffrey Mueller
Day Pitney LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 20 2024
    Petition DENIED.
  2. Jan 31 2024
    DISTRIBUTED for Conference of 2/16/2024.
  3. Jan 21 2024
    Waiver of right of respondent World Wrestling Entertainment, Inc., et al. to respond filed.
  4. Jan 02 2024
    Petition for a writ of certiorari filed. (Response due February 5, 2024)