No. 20-328

Charlie Wilson, as Executor of the Estate of Debra Wilson v. Dallas County Hospital District, dba Parkland Health and Hospital System

Lower Court: Texas
Docketed: 2020-09-11
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure conflict-preemption federal-appeal federal-removal jurisdictional-ping-pong preemption state-court-jurisdiction state-deadlines statutory-deadline tolling
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-10-30
Question Presented (AI Summary)

Are state statutory pre-discovery deadlines tolled during a federal appeal after removal to federal court?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Are state statutory pre-discovery deadlines tolled — either by the rules of federal appeal, rules of federal procedure, or equitable tolling principles — during a federal appeal if a defendant voluntarily removes a case from state trial court to federal court where the state deadline is inapplicable, the federal trial court dismisses some claims, and the plaintiff pursues a rightful federal appeal; especially when the federal appeal would result in the case remaining in federal trial court if successful, and in the face of the U.S. Supreme Court’s expressed desire to avoid “jurisdictional ping-pong games”? 2. Do state statutory pre-discovery deadlines restart anew after a state trial court has regained jurisdiction when a defendant voluntarily removed the case to federal court, and when considering that the state-imposed deadline is inapplicable in federal court? 3. Does the doctrine of Federal Conflict Preemption preempt a state statutory deadline that is inapplicable in federal court and thereby prevent a state court from applying that state-statutory deadline after removal to federal court while the nonremoving party is pursuing a rightful federal appeal?

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-07
DISTRIBUTED for Conference of 10/30/2020.
2020-10-02
Waiver of right of respondent Dallas County Hospital District d/b/a Parkland Health and Hospital System to respond filed.
2020-09-03
Petition for a writ of certiorari filed. (Response due October 13, 2020)

Attorneys

Charlie Wilson
D. Bradley KizziaKizzia Johnson PLLC, Petitioner
D. Bradley KizziaKizzia Johnson PLLC, Petitioner
Dallas County Hospital District d/b/a Parkland Health and Hospital System
William Andrew MesserMesser, Fort & McDonald, Respondent
William Andrew MesserMesser, Fort & McDonald, Respondent