No. 20-1118

Robert Grundstein v. Lamoille Superior Docket Entries/Orders, et al.

Lower Court: Second Circuit
Docketed: 2021-02-12
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split civil-rights constitutional-review due-process federal-jurisdiction fraud rooker-feldman standing state-court-review void-ab-initio
Key Terms:
DueProcess
Latest Conference: 2021-04-16
Question Presented (AI Summary)

Should the Circuit Splits with respect to the Rooker-Feldman Fraud Exception be reconciled in favor of the exception?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1 RESOLVE CIRCUIT SPLITS WITH RESPECT TO “ROOKER-FELDMAN” FRAUD EXCEPTION Should the Circuit Splits with respect to the Rook. er-Feldman Fraud Exception be reconciled in favor of the exception? Some jurisdictions have a fraud exception to : “Rooker” and some don’t. Reconciliation would allow federal jurisdiction where fraud is alleged. 2 RESOLVE CIRCUIT SPLITS WITH RESPECT TO “ROOKER-FELDMAN” AND MEANING OF “INEXTRICABLY INTERTWINED” : Should the Circuit Splits between the character of state analysis and the meaning of “Inextricably Intertwined” as a criteria for the application of Rooker-Feldman, be reconciled? Some jurisdictions say Rooker-Feldman only applies if a Federal Issue was actually examined in.a state court, after which the state provided an opinion and order responsive to the Constitutional matters. Others do not and bar jurisdiction on the minimal basis of a state order which has not contemplated Constitutional issues. : 3 RESOLVE CIRCUITS SPLITS WITH RESPECT TO THE “ROOKER-FELDMAN?” VOID AB INITIO EXCEPTION Should the Circuit Splits by which some jurisdictions will not apply “Rooker-Feldman” to deny Federal review for state court judgments which are void ab initio and others which do not make this distinction, be reconciled? < \ ii 4 SHOULD “ROOKER-FELDMAN” BAR FEDERAL JURISDICTION WHEN STATE COURTS USE UNCONSTITUTIONAL STATUTES, RULES, PROCEDURES AND CUSTOMS TO DETERMINE OUTCOMES? Is “Rooker” Being Used for Administrative Convenience at | the Expense of Constitutional Principle? Should Rooker-Feldman bar jurisdiction if a state persistently uses unconstitutional means, procedures, statutes, rules and precedent to violate Due Process and other . constitutional rights? LE., Is Rooker-Feldman being used for administrative convenience and docket clearing at the expense of more important Constitutional and Federal standards?

Docket Entries

2021-04-19
Petition DENIED.
2021-03-24
DISTRIBUTED for Conference of 4/16/2021.
2021-02-24
Waiver of right of respondent Randall Mulligan to respond filed.
2021-02-23
Waiver of right of respondent Vermont Attorney General Thomas J. Donovan, Jr. to respond filed.
2020-12-09
Petition for a writ of certiorari filed. (Response due March 15, 2021)

Attorneys

Randall Mulligan
Shannon A. BertrandFacey Goss & McPhee, P.C., Respondent
Shannon A. BertrandFacey Goss & McPhee, P.C., Respondent
Robert Grundstein
Robert H. Grundstein — Petitioner
Robert H. Grundstein — Petitioner
Vermont Attorney General Thomas J. Donovan, Jr.
Benjamin Daniel BattlesOffice of the Attorney General, Respondent
Benjamin Daniel BattlesOffice of the Attorney General, Respondent