No. 21-856

Barry D. Bilder v. Janice Dykstra

Lower Court: Seventh Circuit
Docketed: 2021-12-09
Status: Denied
Type: Paid
Response Waived
Tags: agreement-construction civil-procedure clean-hands contract-ambiguity contract-interpretation contract-law contract-terms due-process fact-determination fraud good-faith legal-definition
Key Terms:
DueProcess
Latest Conference: 2022-02-18
Question Presented (AI Summary)

In contracts, after signing an agreement, is the term, 'new fact,' applicable to a fact that is new and previously unknown to one party, or new and previously unknown to both (all) parties?

Question Presented (OCR Extract)

QUESTION PRESENTED Contracts are composed of words. If words in con, tracts vary in their meanings, the contract is in peril of being void and unenforceable. Each word of a contract comprises a legal element which should be clear and unambiguous. The question posed herein is in reference to the words used in contracts and agreements containing the phrase, “new fact;” and what qualifies as a “new fact.” The question presented is: In contracts, after signing an agreement, is the term, “new fact,” applicable to a fact that is new and previously unknown to one party, or new and previously unknown to both (all) parties? ii STATEMENT OF RELATED CASES Bilder v. Dykstra, et al., No. CV-2015-670 “Quiet Title”, District Court of Tulsa County, State of Oklahoma. Judgment entered February 28, 2019. Bilder v. Dykstra, No. 1:19-cv-04999, U.S. District Court for the Northern District of Illinois. Judgment entered August 20, 2020. Bilder v. Dykstra, No. 20-3062, U.S. Court of Appeals for the Seventh (7th) Circuit. Judgment entered July 22, 2021. a | . iii

Docket Entries

2022-02-22
Petition DENIED.
2022-01-12
DISTRIBUTED for Conference of 2/18/2022.
2021-12-21
Waiver of right of respondent Janice Dsystra to respond filed.
2021-12-07
Petition for a writ of certiorari filed. (Response due January 10, 2022)
2021-11-05
Application (21A128) granted by Justice Barrett extending the time to file until December 10, 2021.
2021-11-01
Application (21A128) to extend the time to file a petition for a writ of certiorari from November 18, 2021 to January 6, 2022, submitted to Justice Barrett.

Attorneys

Barry D. Bilder
Barry D. Bilder — Petitioner
Janice Dsystra
Riccardo A. DiMonteDiMonte and Lizak, LLC, Respondent