No. 19-34

Paul Maravelias v. David DePamphilis

Lower Court: New Hampshire
Docketed: 2019-07-03
Status: Denied
Type: Paid
Tags: attorney-fees civil-procedure due-process equal-protection extraordinary-sanction findings-of-fact first-amendment original-jurisdiction pre-deprivation-hearing retaliation rule-of-law standing supreme-court vagueness
Key Terms:
AdministrativeLaw DueProcess Patent ClassAction
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the NHSC violate the Due Process Clause to deny Petitioner's requested pre-deprivation hearing and by failing to make a single finding of fact in support, while exercising original jurisdiction over the 'extraordinary' sanction?

Question Presented (OCR Extract)

QUESTIONS PRESENTED : ; ' The NH Supreme Court permits itself through “Rule 23” to “award attorney's fees related to an appeal” , “in extraordinary cases” if “deemed by the court to : have been frivolous or in bad faith”. In 2018, they fully resolved Petitioner’s appeal on the merits without any suggestion it was frivolous or in bad faith. Months later in 2019, they granted Respondent’s : ; post-mandate motion for punitive attorney’s fees with , no explanation. They denied pro se Petitioner any , opportunity to contest Respondent’s fraudulent fees ; itemization totaling $4,900 over a 6-month period, when only fees in connection with two 10/19/18 pleadings ; ; ; ($530 max) had been sought and granted. THE QUESTIONS PRESENTED ARE a ; 1. Did the NHSC violate the Due Process Clause to deny Petitioner’s requested pre-deprivation hearing and by failing to make a single finding of fact in support, | while exercising original jurisdiction over the “extraor: dinary” sanction? : , — 2. Did the NHSC retaliate against Petitioner to ; punish his critical speech, violating the 1st Amendment, and/or violate the “class of one” Equal Protection doctrine by issuing a two-sentence Order awarding . $4,900 against him? : 3. Is NHSC Rule 23 facially invalid under the uo 14th Amendment for vagueness and/or substantial lack ; ; of due process protections?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-21
DISTRIBUTED for Conference of 10/1/2019.
2019-06-27
Petition for a writ of certiorari filed. (Response due August 2, 2019)

Attorneys

Paul Maravelias
Paul Maravelias — Petitioner
Paul Maravelias — Petitioner