Emmet O'Brien v. Paul Flick, et al.

Whether a federal court may impose claim forfeiture under Federal Rule of Civil Procedure 13(a) based on prior litigation that was dismissed without prejudice and treated—for limitations and related procedural purposes—as though it had never been filed.

Whether due process permits a federal court to dismiss a case with prejudice as a sanction absent a finding of willfulness, bad faith, or prejudice, where the underlying claims were never adjudicated on the merits and were later dismissed.

Whether, in the absence of uniform standards or procedural safeguards, a federal court may impose case-ending sanctions on a pro se litigant for non-willful citation inaccuracies, without any finding of bad faith or prejudice, where such tools were used in good faith to meaningfully participate in complex litigation, thereby restricting access to the courts for unrepresented litigants in the modem era. LIST OF PARTIES Petitioner: Emmet O'Brien (pro se). Respondents: Paul Flick; Samuel Chamberlain. RULE 29.6 CORPORATE DISCLOSURE STATEMENT Petitioner Emmet O'Brien is an individual and not a corporation. Petitioner has no parent corporation, and no publicly held corporation owns 10% or more of any Petitioner interest. Respondents Paul Flick and Samuel Chamberlain are individuals. To the extent any party contends a corporate disclosure statement is required for an affiliated entity referenced in prior proceedings, Petitioner is not aware of any such entity that would trigger Rule 29.6 in this petition.