No. 18-381

Donald C. Marro v. New York State Teachers' Retirement System

Lower Court: Sixth Circuit
Docketed: 2018-09-24
Status: Denied
Type: Paid
Response Waived
Tags: bankruptcy bankruptcy-settlement class-action class-representation constitutional-rights due-process equal-protection fees fees-and-expenses frcp-23 notice property-rights public-policy settlement-fairness
Key Terms:
DueProcess ClassAction
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Whether a pro se party can be characterized as vexatious and deprived of equal access to courts, equal protection, and property rights under the Fifth and Fourteenth Amendments

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Amendments V and XIV provide equal access to courts, equal protection of law and sanctity of property, including bankruptcy distributions, for all litigants. Is a pro se party to be characterized with impugnity and impertinently, scurrilously and inaccurately as vexatious, and deprived of or otherwise to forfeit these protections. Petitioner also questions whether: 2. adversarial evidentiary hearings were necessary on Class when warrantholders were excluded from the Class and settlement funds, and are now time barred. 3. class representation was adequate given Respondents excluded warrantholders as Class Members and warrants as covered securities. 4. expert review of FRCP 23 notice was necessary given warrantholders exclusion. 5. negotiations were arm’s length and settlement adequate when evidence suggests collusion in reaching a settlement and disproportionate Lead Counsel benefit. 6. FRCP 23(e) reasonableness, fairness and adequacy tests were fully satisfied by the settlement agreement, and public policy compromised or unsatisfied. 7. the claims process set a proper cost basis for stock and warrants distributed from the GM bankruptcy estate. 8. courts below awarded excessive fees and expense reimbursement. i}

Docket Entries

2018-10-29
Petition DENIED.
2018-10-10
DISTRIBUTED for Conference of 10/26/2018.
2018-09-25
Waiver of right of respondent New York State Teacher's Retirement System to respond filed.
2018-09-25
Waiver of right of respondents General Motors Company, Daniel Akerson, Mary Barra, Nicholas Cyprus, Christopher Liddell, Daniel Ammann, Charles Stevens III, and Thomas Timko to respond filed.
2018-04-23
Petition for a writ of certiorari filed. (Response due October 24, 2018)

Attorneys

Donald Marro
Donald C. Marro — Petitioner
Donald C. Marro — Petitioner
General Motors Company, Daniel Akerson, Mary Barra, Nicholas Cyprus, Christopher Liddell, Daniel Ammann, Charles Stevens III, and Thomas Timko
Robert J. KopeckyKirkland & Ellis LLP, Respondent
Robert J. KopeckyKirkland & Ellis LLP, Respondent
New York State Teacher's Retirement System
Salvatore J. GrazianoBerstein Litowitz Berger & Grossmann, LLP, Respondent
Salvatore J. GrazianoBerstein Litowitz Berger & Grossmann, LLP, Respondent