Supreme Court Report

Supreme Court of the United States · Official docket →

Christopher Bayre Chamberlin v. Hartog, Baer & Hand, APC, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-16049 · judgment February 24, 2023


Certiorari denied · October 10, 2023
Pre-decision estimate: 0% cert probability

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

Question presented

In 2016, Christopher Chamberlin (“Petitioner”) of New Jersey contacted Hartog, Baer & Hand, APC (“HBH7“Defendants7“Respondents”) of California for legal representation in a Marin County probate case to remove the executor of his mother’s estate (Michael J. Levin, “Levin”) for fraud, waste, mismanagement, and bad faith. Petitioner conditioned the engagement upon no conflicts with Levin’s influential and politically powerful cousins. (Pet. App., 120a, n.4). HBH falsely told Petitioner there were no conflicts. Once hired, HBH deliberately mishandled the case causing dam­ age. (Pet. App., 86a). In 2018, Petitioner discovered HBH’s conflict. In 2019, Petitioner, pro se, filed a diver­ sity action1 against HBH. The district court found HBH committed malpractice, but was not conflicted; and caused no damage beyond $2,831.91. (Pet. App., 74a75a, 77a-81a, 126a-27a). The Ninth Circuit affirmed in a dismissive “Oral Screening Memorandum.” (Pet. App., 2a-3a). The questions presented are: 1. Whether HBH (concealing its family rela­ tionship with the adverse party in the underlying probate litigation) violated Petitioner’s constitutional rights to freely associate and make contracts with con­ flict-free counsel, depriving Petitioner of due process and access to the courts? 1 Petitioner’s Verified FAC (ECF-47) contains many of the undisputed facts repeated here, the rest were obtained in discovon/1 nlo/'nn in ncoAnJ ujl j uiiu ^iuvou xxx vxxv x^wxu.

Counsel of record

For petitioner
Christopher Bayre Chamberlin

For respondent
Thomas J. D'Amato
D'Amato Law Corporation

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 10 2023
    Petition DENIED.
  2. Sep 13 2023
    DISTRIBUTED for Conference of 10/6/2023.
  3. Aug 30 2023
    Waiver of right of respondent Hartog, Baer & Hand, APC, et al. to respond filed.
  4. Jul 27 2023
    Petition for a writ of certiorari filed. (Response due August 30, 2023)