No. 19-1426

Paul Pecina v. Robert Wilkie, Secretary of Veterans Affairs

Lower Court: Third Circuit
Docketed: 2020-06-26
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: appellate-procedure circuit-court civil-procedure fraud fraud-on-court fraud-on-the-court judicial-proceeding judicial-review standard-of-review supervisory-powers third-circuit third-circuit-court-of-appeals united-states-v-sierra-pacific-industries
Key Terms:
Arbitration ERISA
Latest Conference: 2020-11-20 (distributed 2 times)
Question Presented (AI Summary)

Did the Third Circuit Court of Appeals and the lower Western District Court of Pennsylvania depart from the accepted and usual course of judicial proceeding as to call for an exercise of the Supreme Court's supervisory powers?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the Third Circuit Court of Appeals and the lower Western District Court of Pennsylvania depart from the accepted and usual course of judicial proceeding as to call for an exercise of the Supreme Court’s supervisory powers? 2. Was the standard of review that the Third Circuit Court applied to determine whether or not relief can be justified for fraud in conflict to the standard of review that the Supreme Court applied in the Supreme Court’s relevant decision of United States v. Sierra Pacific Industries Inc? 3. Did the Third Circuit Court of Appeals render their decision to affirm on reliance of a fraudulent record? 4. Did the Third Circuit Court misapprehend that the conduct of the lower District Court and Officers of the Court rises to the level of fraud on the court? 1

Docket Entries

2020-11-23
Rehearing DENIED.
2020-11-04
DISTRIBUTED for Conference of 11/20/2020.
2020-10-23
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-07-08
DISTRIBUTED for Conference of 9/29/2020.
2020-07-01
Waiver of right of respondent Wilkie, Sec. of VA to respond filed.
2020-06-18
Petition for a writ of certiorari filed. (Response due July 27, 2020)

Attorneys

Paul Pecina
Paul Pecina Jr. — Petitioner
Paul Pecina Jr. — Petitioner
Wilkie, Sec. of VA
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent