Supreme Court of the United States · Official docket →
May Yan Chen, dba Ability Customs Broker v. Ameriway Corporation
Paid petition · United States Court of Appeals for the Second Circuit, No. 24-1298 · judgment June 3, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the district court had exceeded its subject-matter jurisdiction when it exercised ancillary supplemental jurisdiction over a thirdparty complaint without stating or applying any tests in determining the common nucleus of operative fact?
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Whether the test for common nucleus of operative fact for ancillary jurisdiction is the same as the pendent jurisdiction test stated in Gibbs or the ancillary jurisdiction test articulated in Kroger, Kokkonen, or Peacock?
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Has the codification of § 1367 eviscerated a hundred years of case law and mandates that the courts start from scratch?
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Whether the district court had exceeded its subject-matter jurisdiction when supplemental jurisdiction was based on Appellee’s RICO claim that lacked standing on the face of complaint and by applying a loose factual test when finding a common nucleus?
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Whether the district court may deny a Rule 60 motion by ignoring the submitted declarations that are relevant and material to the issues and failing to consider mistakes of law or fact by the district judge? See Kemp v. United States, 596 U.S. 528, 534-535 (2022)
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Whether the Second Circuit committed an error in denying review under its mandamus power when the issue is whether the district court has exceeded its federal jurisdiction in applying no test to exercise ancillary jurisdiction?
Counsel of record
For petitioner
Quynh My Chen
Q. Chen Law
For respondent
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Case
Conference history
Distributed for 2 conferences
Proceedings
- Mar 09 2026Rehearing DENIED.
- Feb 18 2026DISTRIBUTED for Conference of 3/6/2026.
- Feb 06 2026Petition for Rehearing filed.
- Jan 12 2026Petition DENIED.
- Dec 16 2025DISTRIBUTED for Conference of 1/9/2026.
- Oct 28 2025Petition for a writ of certiorari filed. (Response due December 5, 2025)