No. 23-7515

Carlos Davis v. Hemmersbach US, L.L.C.

Lower Court: Fifth Circuit
Docketed: 2024-05-20
Status: Denied
Type: IFP
Response WaivedRelisted (3)IFP
Tags: appellate-procedure circuit-rules civil-procedure contract-law due-process evidence evidence-presentation jurisdiction verbal-agreement verbal-contract
Key Terms:
SocialSecurity Immigration
Latest Conference: 2025-01-10 (distributed 3 times)
Question Presented (AI Summary)

Does the 5th Circuit's circuit rules supersede The Federal Circuit and U.S Supreme Court, particularly when parties may present new arguments for the first time on appeal?

Question Presented (from Petition)

QUESTION PRESENTED Verbal agreements are contracts made by individuals through a verbal exchange. There need not be more information involved in an oral contract than just the offer and the acceptance of that offer. If a person does not fulfill their part of the verbal contract, there are grounds to sue. The Due Process Clause of the Fourteenth Amendment guarantees every litigant the right "to present their case and have its merits fairly judged Logan v Zimmerman Brush Co. (1982). As the brief explains, this right must include the right to present evidence necessary to establish a constitutional claim. This case therefore presents the following questions: 1. Does the 5th Circuit's circuit rules supersede The Federal Circuit and U.S Supreme Court, particularly when parties may present new arguments for the first time on appeal? | 2. Did Plaintiff have the rights to present all evidence in regards to this case? Are the proceedings of this case being presented by the statue of the law? 3. Are verbal agreements legally binding? Was there a verbal agreement between the Plaintiff and the Defendant? i

Docket Entries

2024-12-18
DISTRIBUTED for Conference of 1/10/2025.
2024-11-18
Rehearing DENIED.
2024-10-30
DISTRIBUTED for Conference of 11/15/2024.
2024-10-17
Petition for Rehearing filed.
2024-10-07
Petition DENIED.
2024-06-27
DISTRIBUTED for Conference of 9/30/2024.
2024-06-11
Waiver of right of respondent Hemmersbach US, LLC to respond filed.
2024-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 20, 2024)

Attorneys

Carlos Davis
Carlos Davis — Petitioner
Carlos Davis — Petitioner
Hemmersbach US, LLC
Mark C CarverKaufman Dolowich, LLP, Respondent
Mark C CarverKaufman Dolowich, LLP, Respondent