No. 21-1034

Peter Kagel v. Jay Laurence Raftery, et al.

Lower Court: Ninth Circuit
Docketed: 2022-01-24
Status: Denied
Type: Paid
Tags: 14th-amendment americans-with-disabilities-act constitutional-vagueness due-process federal-jurisdiction fraud issue-preclusion rooker-feldman vagueness
Key Terms:
AdministrativeLaw Arbitration SocialSecurity DueProcess FirstAmendment FourthAmendment FifthAmendment Takings Privacy Jurisdiction
Latest Conference: 2022-03-25
Question Presented (AI Summary)

Should the 'Inextricably Intertwined' doctrine be abolished?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Should the “Inextricably Intertwined” doctrine be abolished because it violates the due process clause of the 14th Amendment since it is unconstitutionally vague, not fact based, subjective and arbitrary and its application illegally displaces the Ninth Circuit’s own Janjua v. Neufeld 933 F.3d 1061, 1065 (9*" Cir. 2019) Issue Preclusion test that is mandated to be employed in Rooker-Feldman doctrine cases by the Supreme Court’s decision in Huxon Mobil Corp. v. Saudi Basic Indus. Corp. 544 U.S. 280, 284 (2005) and for its rationale of denying Federal jurisdiction by outlawing this fraud case simply because it naturally has to include some of the damages which were sought in the underlying case even though the Parties, the fraud legal theory and the statutory remedy sought in this case are different than the Parties, the legal theory and the statutory remedy in the underlying case plus this case cannot overturn or affect the underlying case in any way? 2. Should Federal subject matter jurisdiction be granted in an Americans with Disabilities Act (“ADA”) case which alleges that a plaintiff was fraudulently deprived of his Seventh Amendment right to a jury trial? 3. Inan ADA case in which a fraud victim was deprived of a Seventh Amendment right to a jury trial, is he entitled to have a jury trial in Federal Court because only a jury can make the finding of fact, after listening to all of the evidence, that fraud has been committed? 4. Should the Supreme Court grant Federal subject matter jurisdiction and set aside and vacate the judgment in this case and remand this case to the Ninth Circuit to u allow Petitioner to move forward with this case and at the same time keep the First Amendment litigation privilege intact by not protecting in-court speech made by attorneys to the Trial Court regarding how they fulfilled their mandatory statutory duties during settlement contract formation required by Cal. Civ. Code §§ 1565(8) and 1585 because the fulfillment of these regular duties cannot be deemed to be advocating for a client’s case and which will assure that the victim’s attorney will not be vulnerable to a malicious prosecution lawsuit if the case fails and a plaintiff who alleges fraud caused by this in-court speech will not have to represent himself in Pro Se nor will it affect the underlying Appellate decision in any way by making the following ruling: The First Amendment litigation privilege does not protect in-court representations made by attorneys to a Trial Court which are made to reveal how they complied with their required mandated statutory duties during settlement contract formation? 5. Should the First Amendment litigation privilege not protect in-court “malice” speech as defined in Cal. Civ. Code § 47(c) when there is an allegation in a complaint that the attorney-defendants deprived a victim of his Seventh Amendment constitutional right to a jury trial by their fraudulent in-court speech to the Trial Court in response to questioning about their fulfillment of their mandatory statutory duties during settlement contract formation which cannot be classified as “advocacy” as a matter of law to shield a victim’s attorney from being subject to a malicious prosecution lawsuit if the case fails and the victim will not be forced to have to represent himself in Pro Se which is a major disadvantage. 6. Should a three judge Federal Appeals Panel, to prevent its rulings from being unconstitutionally vague, be required to specifically identify each and every issue which it rules was not properly raised in an Opening Brief or raised the first time on appeal when citing as authority Padgett v. Wright, 587 F.3d 983, 985 n.2 (9 Cir. 2009), or any such authority, rather than making blanket “boilerplate” unspecific rulings claiming that issues were not properly raised without an explanation? 7. Due to the Covid-19 emergency and Petitioner’s Federal Court litigation inexperience deficiency, should the J

Docket Entries

2022-03-28
Petition DENIED.
2022-03-09
DISTRIBUTED for Conference of 3/25/2022.
2022-01-20
Petition for a writ of certiorari filed. (Response due February 23, 2022)

Attorneys

Peter Kagel
Peter KagelSuite 430, Petitioner