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Allan M. Leavitt v. United Services Automobile Association, a Texas Department of Insurance Regulated Reciprocal Inter-insurance Exchange and Subsidiary, et al.
IFP petition · United States Court of Appeals for the First Circuit, No. 24-2139 · judgment November 12, 2025
Question presented
I. Because Rule 23 is mandatory as held in Wal-Mart Stores, Inc. v. Dukes , Amchem Products, Inc. v. Windsor, et al., were the Class Members' rights of due process under the fourteenth amendment violated when the Court intentionally failed and refused to comply with Rule 23 which mandates “At an early practicable time after a person sues... the court must determine by order whether to certify the action as a class action:” where: [i] the disputed, undeclared, statutory law pled that Massachusetts statute requires non-Massachusetts resident motor vehicle owners to maintain Massachusetts Compulsory Insurance which includes Personal Injury Protection provisions as part of their policy of liability insurance when their vehicles are operated in the Commonwealth of Massachusetts; and [ii] the disputed, undeclared, statutory law represents the rights, duties, status and other legal obligations of everyone; and [iii] the Court held that this law has been declared; yet [iv] failed and refused to say what that law is (and refused to order the insurers to say what that law is) depriving Class Members of their rights to “protections” of the statute and their policies of liability insurance? II. Does it violate due process when a judge adjudicates a Class Action in which she and the Defendants in the Class Action are accused of conspiring to suppress a declaration of law in a prior law suit?
Counsel of record
For petitioner
William J. Ruotolo
William J. Ruotolo, Attorney &Counsellor At Law
For respondent
John R. Callahan
Mazzocca & Associates
Case
Conference history
Distributed for 1 conference
Proceedings
- May 04 2026Petition DENIED.
- Apr 16 2026DISTRIBUTED for Conference of 5/1/2026.
- Apr 06 2026Waiver of right of respondent GEICO Indemnity Company to respond filed.
- Apr 04 2026Waiver of right of respondent The Commerce Insurance Company to respond filed.
- Jan 16 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 9, 2026)