Supreme Court of the United States · Official docket →
John Doe Corporation v. Kennerly, Montgomery & Finley, P.C.
Paid petition · Court of Appeals of Tennessee, Eastern Division, No. E2023-236-COA-R3-CV · judgment May 28, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The state trial court summarily dismissed petitioner’s complaint under a “COVID-19 plan” without even attempting to provide any notice to petitioner before the dismissal was effected (despite having petitioner’s counsel’s contact information at that time); as a result, no meaningful opportunity to be heard was ever provided to petitioner before the dismissal was effected. The Court of Appeals of Tennessee upheld the dismissal, and the Supreme Court of Tennessee declined discretionary review of this case. Consequently, the question presented is: Whether, in holding that a state trial court can summarily dismiss a plaintiff’s complaint without attempting to provide notice to the plaintiff before the dismissal was effected when the trial court had the plaintiff’s counsel’s contact information, the decision of the Court of Appeals of Tennessee in this case is in conflict with relevant decisions of this Court as to this important federal question concerning due process of law, and whether that decision has the potential to immediately and adversely affect millions of statecourt civil cases if not corrected by this Court.
Counsel of record
For petitioner
Hubert Anthony Duncan
Tony Duncan Law
For respondent
Daniel J. Ripper
Luther-Anderson, PLLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 31 2025Petition DENIED.
- Mar 12 2025DISTRIBUTED for Conference of 3/28/2025.
- Mar 10 2025Waiver of right of respondent Kennerly, Montgomery & Finley, PC to respond filed.
- Feb 13 2025Petition for a writ of certiorari filed. (Response due March 24, 2025)