No. 18-233

Indiezone, Inc., et al. v. Todd Rooke, et al.

Lower Court: Ninth Circuit
Docketed: 2018-08-22
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 28-usc-1927 act-of-state-doctrine congressional-intent due-process extraterritorial-application federal-sanctions inherent-powers rule-44.1 sanctions sovereign-immunity
Key Terms:
Arbitration DueProcess Securities Copyright TradeSecret JusticiabilityDoctri
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Did Congress intend the court's inherent powers and 28 U.S.C. § 1927 to apply extraterritorially, allowing Rule 44.1 analysis to be applied to overseas conduct or are federal courts prohibited by the presumption from disregarding a sovereign's official domestic acts under the Act-of-State Doctrine?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. This Court has consistently held there is a strong presumption against extraterritorial application of federal law. “Absent clearly expressed congressional intent to the contrary, federal laws will be construed to have only domestic application.” RJR Nabisco, Ine. v. European Cmty., 136 S. Ct. 2090, 2100 (2016). See also Kiobel v. Royal Dutch Petroleum Co., 183 S. Ct. 1659 (2013); Morrison v. National Austl. Bank Ltd., 561 U.S. 247 (2010). These holdings are in accord with the . Court’s view on the Act-of-State Doctrine and its recognition that matters “taken within [a sovereign’s] own jurisdictions shall be deemed valid.” W.S. Kirkpatrick & Co. v. Environmental Tectonics Corp., 493 U.S. 400, 409 (1990), The first question: . Did congress intend the court’s inherent powers and U.S. 28 U.S.C. § 1927 to apply extraterritorially allowing Rule 44.1 analysis to be applied to overseas conduct or are federal courts prohibited by the presumption from disregarding a sovereign’s official domestic acts under the Act-of-State Doctrine. The second question: Did congress intend a federal court’s inherent powers and those under 28 U.S.C. § 1927 to impose punitive sanctions for extraterritorial conduct without regard to full due process protections before a federal court for conduct claimed to be criminal under a sovereign’s law. In Roadway Express v. Piper, 447 U.S. 752, 766 (1980); Chambers v. NASCO, Inc., 501 U.S. 32, 50 ii (1991); Mine Workers v. Bagwell, 512 U.S. 821, 826-830. and Goodyear Tire & Rubber Co v. Haeger, 581 U.S. __ (2017) this Court held that a finding of subjective bad faith is required before as sanctions may be awarded under inherent powers. The third question: Where a party has been directed to arbitration can the district court dismiss their claims and award monetary sanction without a causal connection to bad faith conduct.

Docket Entries

2019-01-07
Rehearing DENIED.
2018-12-19
DISTRIBUTED for Conference of 1/4/2019.
2018-11-21
Application (18A530) denied by Justice Kagan.
2018-11-21
2018-11-16
Application (18A530) to file petition for rehearing in excess of word limits, submitted to Justice Kagan.
2018-10-29
Petition DENIED.
2018-10-03
DISTRIBUTED for Conference of 10/26/2018.
2018-08-29
Waiver of right of respondent Wal-Mart Stores, Inc. and General Electric Company to respond filed.
2018-08-28
Waiver of right of respondents Todd Rooke, et al. to respond filed.
2018-08-17
Petition for a writ of certiorari filed. (Response due September 21, 2018)
2018-07-23
Application (18A76) granted by Justice Kennedy extending the time to file until August 17, 2018.
2018-07-17
Application (18A76) to extend the time to file a petition for a writ of certiorari from July 18, 2018 to August 17, 2018, submitted to Justice Kennedy.

Attorneys

Indiezone, Inc., et al.
Kenneth Wayne CraigKenneth W. Craig, Atttorney at Law, Petitioner
Kenneth Wayne CraigKenneth W. Craig, Atttorney at Law, Petitioner
Todd Rooke, et al.
Keiko L. SugisakaMaslon LLP, Respondent
Keiko L. SugisakaMaslon LLP, Respondent
Wal-Mart Stores, Inc. and General Electric Company
Raymond A. CardozoReed Smith, LLP, Respondent
Raymond A. CardozoReed Smith, LLP, Respondent