No. 22-574

Tiffany Lay, et vir v. United States

Lower Court: Fifth Circuit
Docketed: 2022-12-21
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review bench-trial bench-trials circuit-court-review civil-procedure federal-rules-civil-procedure federal-rules-of-civil-procedure findings-of-fact judicial-findings obiter-dictum standard-of-review stare-decisis
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether Federal District Court judges properly comply with FRCP 52(a) in conducting complex bench trials

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether Federal District Court judges properly comply with FRCP 52(a) in conducting complex bench trials, by issuing ostensible “findings” which fail to specially and specifically state and provide any citations to the thousands of pages of record, transcript testimony, and_ exhibits, to appropriately allow parties and appellate Courts to examine, understand, and/or challenge the bases for the trial Court’s “findings.” 2. Whether the Circuit Courts of Appeal should properly distinguish obiter dictum (dicta), from precedential value under stare decisis, when the predicate basis for decision, was a sentence or two in a lengthy and inapposite forty-year-old case, never before cited in support by any District or Circuit Court, and appears to contradict at least three subsequent precedents of the Fifth Circuit requiring trial judges in bench trials, to issue detailed findings and citations in support.

Docket Entries

2023-02-21
Petition DENIED.
2023-01-25
DISTRIBUTED for Conference of 2/17/2023.
2023-01-20
Waiver of right of respondent United States of America to respond filed.
2022-12-19
2022-11-09
Application (22A305) granted by Justice Alito extending the time to file until December 19, 2022.
2022-11-06
Application (22A305) to extend further the time from November 19, 2022 to December 19, 2022, submitted to Justice Alito.
2022-10-12
Application (22A305) granted by Justice Alito extending the time to file until November 19, 2022.
2022-10-08
Application (22A305) to extend the time to file a petition for a writ of certiorari from October 20, 2022 to November 20, 2022, submitted to Justice Alito.

Attorneys

Tiffany Lay, et al.
Michael Alan WeinLaw Offices of Michael A. Wein, LLC, Petitioner
Michael Alan WeinLaw Offices of Michael A. Wein, LLC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent