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The Wall Guy, Inc., et al. v. Federal Deposit Insurance Corporation, as Receiver for The First State Bank

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-1414, 21-1387, 23-1380 · judgment March 18, 2024


Certiorari denied · October 7, 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.

Questions presented

  1. Did the 4th Circuit Court of Appeals err in failing to address Appellant’s [Wall Guy’s] appeal on the merits, when Wall Guy had unequivocally complied with Rule 3 and 4 of the FRAP, had previously prevailed in a state court jury trial and multiple judgments in state and Federal Court, especially in light of the 2021 Supreme Court Amendments and Advisory Opinions, and more specifically the mandatory language in FRAP 3(c)(7)?

  2. Did the 4th Circuit Court of Appeals err in failing to award the bond/surety that protected Wall Guy’s, pending appeal, when the underlying Bank failed and the FDIC Receiver violated the specific terms of the bond/surety by selling the property secured by trust deeds and a mortgage, which constituted a governmental taking without compensation?

  3. Did the 4th Circuit Court of Appeals err in failing to grant the Wall Guy’s Petition for en banc review, because of the errors in questions 1 and 2 above, and the other justifications set forth therein, including reinstating the state court jury verdict and bond /surety violations?

Counsel of record

For petitioner
Steven Todd Cook
Cook Law Offices, PLLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 25 2024
    Rehearing DENIED.
  2. Nov 06 2024
    DISTRIBUTED for Conference of 11/22/2024.
  3. Oct 30 2024
  4. Oct 07 2024
    Petition DENIED.
  5. Sep 11 2024
    DISTRIBUTED for Conference of 9/30/2024.
  6. Sep 03 2024
    Waiver of right of respondent Federal Deposit Insurance Corporation to respond filed.
  7. Aug 12 2024
    Petition for a writ of certiorari filed. (Response due September 13, 2024)