No. 22-286

Frieda Mae Rogers, fka Frieda Rogers Roen, et al. v. Wilmington Trust Company, et al.

Lower Court: Third Circuit
Docketed: 2022-09-27
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: appellate-review civil-procedure erie-doctrine factual-stipulations federalism forum-selection judicial-admissions state-law statutes-of-limitations statutory-interpretation
Key Terms:
ERISA Privacy JusticiabilityDoctri
Latest Conference: 2022-11-04
Question Presented (AI Summary)

May-the-court-of-appeals-override-the-parties'-factual-stipulation

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. May the court of appeals override the parties’ factual stipulation crucial to petitioners’ right to recover, contrary to this Court’s precedents as well as the decisions of inferior federal courts, all holding that factual stipulations are final and binding on the parties and the litigation itself as judicial admissions? 2. Did the court of appeals violate the federalism principle of Erie R. Co. v. Tompkins, 304 U.S. 64 (1938) when it created contrary to Delaware statutory law new substantive State law about what constitutes a“report” under 12 Del. Code § 3585 for purposes of triggering the statutes of limitations for bringing suit, a result causing substantial variation in outcomes between State and federal litigation, influencing the choice of a forum for future litigants and depriving petitioners of property rights they would otherwise enjoy in State court?

Docket Entries

2022-11-07
Petition DENIED.
2022-10-19
DISTRIBUTED for Conference of 11/4/2022.
2022-10-12
Waiver of right of respondent Wilmington Trust Company, et al. to respond filed.
2022-09-24
Petition for a writ of certiorari filed. (Response due October 27, 2022)

Attorneys

Frieda Mae Rogers
Dennis P. Derrick — Petitioner
Dennis P. Derrick — Petitioner
Wilmington Trust Company, et al.
John M. McIntyrePorter Wright Morris & Arthur, Respondent
John M. McIntyrePorter Wright Morris & Arthur, Respondent