No. 19-709

Mako One Corporation, et al. v. Cedar Rapids Bank and Trust Company

Lower Court: Eighth Circuit
Docketed: 2019-12-04
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split civil-procedure civil-rights conflict-of-interest due-process evidentiary-hearing judicial-remedy remand reversal structural-error
Key Terms:
AdministrativeLaw DueProcess Privacy
Latest Conference: 2020-01-10
Question Presented (AI Summary)

When a Circuit Court finds opposing counsel has an actual and serious conflict of interest in a civil case, should the Court view the conflict as a 'structural error' and be required to reverse, remand, and restart all proceedings?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. When a Circuit Court finds opposing counsel has an actual and serious conflict of interest in a civil case, should the Court view the conflict as a “structural error” and be required to reverse, remand, and restart all proceedings? The Circuits are widely split on the proper remedy when a conflict is found; cases from multiple Circuits are cited herein attempting to address this issue, and the decisions are about equally split on the proper remedy. Furthermore, there is little guidance on how federal courts should deal with conflict of interest issues in civil cases. 2. Is there a violation of constitutional due process if a Petitioner is not provided an opportunity to prove harm by way of an evidentiary hearing once a Circuit Court finds a conflict of interest by opposing counsel?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-10
Waiver of right of respondent Cedar Rapids Bank and Trust Company to respond filed.
2019-12-02
Petition for a writ of certiorari filed. (Response due January 3, 2020)
2019-10-01
Application (19A354) granted by Justice Gorsuch extending the time to file until December 2, 2019.
2019-09-26
Application (19A354) to extend the time to file a petition for a writ of certiorari from October 3, 2019 to December 2, 2019, submitted to Justice Gorsuch.

Attorneys

Cedar Rapids Bank and Trust Company
Richard H. MoellerMoore, Hefferman, Moeller & Meis, LLP, Respondent
Richard H. MoellerMoore, Hefferman, Moeller & Meis, LLP, Respondent
Mako One Corporation et al
Jack Duran Jr.Duran Law Office, Petitioner
Jack Duran Jr.Duran Law Office, Petitioner