No. 23-405

Kristy Ross v. Federal Trade Commission

Lower Court: Fourth Circuit
Docketed: 2023-10-18
Status: Denied
Type: Paid
Experienced Counsel
Tags: arguable-basis article-iii civil-procedure frcp-60(b)(4) jurisdictional-challenge rule-60(b)(4) rule-60(b)(6) subject-matter-jurisdiction supreme-court-precedent void
Key Terms:
DueProcess Securities Privacy JusticiabilityDoctri
Latest Conference: 2024-01-19
Question Presented (AI Summary)

Whether a judgment lacking in subject matter jurisdiction under Article III is void under FRCP 60(b)(4) even with an arguable basis for jurisdiction

Question Presented (from Petition)

QUESTIONS PRESENTED The questions presented are: 1. Whether a judgment lacking in subject matter jurisdiction under Article III of the U.S. Constitution is “void” under Federal Rule of Civil Procedure 60(b)(4) even if an “arguable basis” existed for the exercise of subject matter jurisdiction. 2. Whether, if governing, the “arguable basis” test is satisfied by application of a legal principle overruled by this Court in a 9-0 decision. 3. Whether a 9-0 decision by this Court overruling erroneous circuit court decisional law per se provides no grounds for relief under Federal Rule of Civil Procedure 60(b)(6).

Docket Entries

2024-01-22
Petition DENIED.
2024-01-03
DISTRIBUTED for Conference of 1/19/2024.
2024-01-03
2023-12-18
Brief of respondent Federal Trade Commission in opposition filed.
2023-11-09
Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2023.
2023-11-08
Motion to extend the time to file a response from November 17, 2023 to December 18, 2023, submitted to The Clerk.
2023-10-16
Petition for a writ of certiorari filed. (Response due November 17, 2023)

Attorneys

Federal Trade Commission
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Kristy Ross
Robert P. GreenspoonDunlap Bennett & Ludwig, PLLC, Petitioner
Robert P. GreenspoonDunlap Bennett & Ludwig, PLLC, Petitioner