No. 18-758

Johnnie C. Ivy, III, et al. v. H. Thomas Moran, II

Lower Court: Sixth Circuit
Docketed: 2018-12-13
Status: Denied
Type: Paid
Tags: civil-procedure-due-process civil-rights district-court-jurisdiction due-process life-insurance ownership-claims predeprivation-hearing property property-rights receivership standing vested-interest vested-interests viatical-investment
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether the District Court's refusal to provide Petitioners with a predeprivation hearing on their ownership claims deprived Petitioners of necessary due process

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Petitioners are investors, or survivors of investors, who purchased shares in the death benefits of an individual, Mr. Jordan’s, life insurance policies. Mr. Jordan died on February 4, 2004, vesting the death benefits with Petitioners and other similarly situated investors. After Mr. Jordan died, LifeTime Capital, Inc., the viatical company which sold the shares to Petitioners, was placed in receivership under the supervision of the United States District Court for the Southern District of Ohio. The Court has refused to rule on Petitioners’ ownership claims, but also denies Petitioners any rights to the proceeds of the policies. 1. Whether the District Court’s refusal to provide Petitioners with a predeprivation hearing on their ownership claims deprived Petitioners of necessary due process. 2. Whether the District Court’s refusal to recognize that Petitioners ownership of the policy proceeds vested with them on Mr. Jordan’s death deprived Petitioners of property without necessary due process of law.

Docket Entries

2019-02-19
Petition DENIED.
2019-01-30
DISTRIBUTED for Conference of 2/15/2019.
2019-01-11
Brief of respondent H. Thomas Moran, II in opposition filed.
2018-12-06
Petition for a writ of certiorari filed. (Response due January 14, 2019)

Attorneys

H. Thomas Moran, II
Joseph C. OehlersBieser, Greer & Landis, LLP, Respondent
Ivy, et al.
Marina Tramontozzi — Petitioner