No. 22-680

Jun Li, et al. v. Colorado Regional Center I, LLC, et al.

Lower Court: Tenth Circuit
Docketed: 2023-01-23
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review attorney-fees civil-procedure discretionary-review due-process erie-doctrine judicial-proceedings standard-of-review supervisory-power
Key Terms:
ERISA Jurisdiction ClassAction JusticiabilityDoctri
Latest Conference: 2023-03-24
Question Presented (AI Summary)

May a court of appeals refuse to conduct any appellate review of attorney fees awarded under state law?

Question Presented (OCR Extract)

QUESTIONS PRESENTED This case falls within Sup. Ct. R. 10(a) which allows the Supreme Court to exercise its supervisory power when a court of appeals has departed from the accepted and usual course of judicial proceedings. 1. May a court of appeals proclaim that it applies an “abuse of discretion” and “de novo” standard of review to lower court awards of attorney fees under state law, then refuse to conduct any appellate review whatsoever of any kind or description, without offering a single word of independent analysis, without applying any standards, without discussing any precedents applied below, and without explaining its silence when confronted twice on motions for rehearing? 2. Under the Erie doctrine, may a court of appeals refuse to exercise any review over a district court decision using federal precedents on federal law to justify attorney fees under substantive state law? 3. Is the complete and total failure to exercise any standard of review, coupled with the failure to ensure compliance with the Erie doctrine, a “departure from the accepted and usual course of judicial proceedings.”

Docket Entries

2023-03-27
Petition DENIED.
2023-03-08
DISTRIBUTED for Conference of 3/24/2023.
2023-02-07
Waiver of right of respondents Solaris Property Owner I LLC and Peter Knobel to respond filed.
2023-01-19
Petition for a writ of certiorari filed. (Response due February 22, 2023)

Attorneys

Colorado Regional Center I LLC
James D. KilroySnell and Wilmer LLP, Respondent
James D. KilroySnell and Wilmer LLP, Respondent
Li, et al.
Douglas Eliot LitowitzLitowitz Law Office, Ltd., Petitioner
Douglas Eliot LitowitzLitowitz Law Office, Ltd., Petitioner
Solaris Property Owner I LLC and Peter Knobel
Ty GeeHaddon, Morgan and Foreman, Respondent
Ty GeeHaddon, Morgan and Foreman, Respondent