No. 23-1080

Warren Mosler, et al. v. Joseph Gerace, et al.

Lower Court: Virgin Islands
Docketed: 2024-04-04
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: appellate-court civil-procedure corporate-form due-process jury-deliberations shareholders-damages standing trial-proceedings verdict
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2024-05-09
Question Presented (AI Summary)

Does Due Process allow an appellate court to shortcut the trial proceedings; the jury deliberations; and the verdict itself; and ignore the plaintiffs' corporate form and enter judgment in favor of a corporation's shareholders for damages putatively sustained by the corporation on a theory never tried or presented to the jury?

Question Presented (OCR Extract)

QUESTION PRESENTED The Supreme Court of the Virgin Islands ordered entry of judgment against Petitioners on a theory that # was never pled; # was not identified in the Final Pretrial Order; @ the jury was not instructed upon; did not appear on the jury verdict form; # was not argued to the jury; # was not raised in a post-trial motion; and was in favor of the Respondents even though they did not sustain the putative damages. While the question presented could be, “Does the Rule of Law still apply in the U.S. Virgin Islands?” Petitioner will state it in a more traditional format: The question presented is: Does Due Process allow an appellate court to shortcut the trial proceedings; the jury deliberations; and the verdict itself; and ignore the plaintiffs’ corporate form and enter judgment in favor of a corporation’s shareholders for damages putatively sustained by the corporation on a theory never tried or presented to the jury? ii CORPORATE DISCLOSURE Petitioner Chrismos Cane Bay, LLC is a limited lability company whose sole members are coPetitioners Warren Mosler and Chris Hanley. No publicly-owned company owns any portion of Chrismos Cane Bay, LLC. DIRECTLY

Docket Entries

2024-05-13
Petition DENIED.
2024-04-17
DISTRIBUTED for Conference of 5/9/2024.
2024-04-09
Waiver of right of respondent Joseph Gerace and Victoria Vooys d/b/a Cane Bay Beach Bar to respond filed.
2024-04-02
Petition for a writ of certiorari filed. (Response due May 6, 2024)

Attorneys

Joseph Gerace and Victoria Vooys d/b/a Cane Bay Beach Bar
Rhea Regina LawrenceLee J. Rohn and Associates, LLC, Respondent
Rhea Regina LawrenceLee J. Rohn and Associates, LLC, Respondent
Warren Mosler, et al.
Andrew C. SimpsonAndrew C Simpson, PC, Petitioner
Andrew C. SimpsonAndrew C Simpson, PC, Petitioner