Supreme Court of the United States · Official docket →
Tony Ping Yew, as Executor of the Estate of John Y. Wei v. Matthew J. Platkin, Attorney General of New Jersey, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 23-3005 · judgment March 21, 2024
Certiorari denied · October 7, 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.
Question presented
- The very act of invoking judicial, sovereign immunity and Rooker-Feldman to dismiss may have violated Fed. R. Civ. P. 60(b)(4) where a void judgment may permit relief at anytime after judgment following the State Tax Court own admission of inadvertence. This inadvertence is an inherent procedural defect and fall under Fed. R. Civ. P. 60(b)(1). Refusal to vacate the flawed court process granting summary judgment Order to defendant Director, Division Of Taxation can be seen as satisfying Fed. R. Civ. P. 60(b)(4) making the summary judgment Order void. The question presented is: Whether the Third Circuit have any jurisdictional power to rule to begin with; i and even if the lower courts have jurisdictional power, Whether it is very short lived and should have voluntarily terminate and divest itself from further adjudicative action upon noticed of the state tax judge own admission of ‘inadvertence’, where on the face of it, the State Tax Court summary judgment Order may have been a void judgment following judge Brennan own admission of inadvertence and in particular, Whether her persistent refusal to vacate her Order while Petitioner was unrepresented make her Order inherently void.
Counsel of record
For petitioner
Tony Ping Yew
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 07 2024Petition DENIED.
- Sep 04 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 15 2024Petition for a writ of certiorari filed. (Response due August 19, 2024)