No. 24-159

The Wall Guy, Inc., et al. v. Federal Deposit Insurance Corporation, as Receiver for The First State Bank

Lower Court: Fourth Circuit
Docketed: 2024-08-14
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: appellate-procedure bond-surety en-banc-review federal-rules-of-appellate-procedure governmental-taking judicial-review
Key Terms:
AdministrativeLaw DueProcess Punishment
Latest Conference: 2024-11-22 (distributed 2 times)
Question Presented (AI Summary)

Did the 4th Circuit Court of Appeals err in failing to address the appellant's appeal on the merits and in not granting en banc review despite compliance with procedural rules and alleged bond/surety violations?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Did the 4 Circuit Court of Appeals err in failing to address Appellant’s [Wall Guy’s] appeal on the merits, when Wall Guy had unequivocally complied with Rule 3 and 4 of the FRAP, had previously prevailed in a state court jury trial and multiple judgments in state and Federal Court, especially in light of the 2021 Supreme Court Amendments and Advisory Opinions, and more specifically the mandatory language in FRAP 3(c)(7)? 2. Did the 4t» Circuit Court of Appeals err in failing to award the bond/surety that protected Wall Guy’s, pending appeal, when the underlying Bank failed and the FDIC Receiver violated the specific terms of the bond/surety by selling the property secured by trust deeds and a mortgage, which constituted a governmental taking without compensation? 3. Did the 4th Circuit Court of Appeals err in failing to grant the Wall Guy’s Petition for en banc review, because of the errors in questions 1 and 2 above, and the other justifications set forth therein, including reinstating the state court jury verdict and bond /surety violations?

Docket Entries

2024-11-25
Rehearing DENIED.
2024-11-06
DISTRIBUTED for Conference of 11/22/2024.
2024-10-30
2024-10-07
Petition DENIED.
2024-09-11
DISTRIBUTED for Conference of 9/30/2024.
2024-09-03
Waiver of Federal Deposit Insurance Corporation of right to respond submitted.
2024-09-03
Waiver of right of respondent Federal Deposit Insurance Corporation to respond filed.
2024-08-12
Petition for a writ of certiorari filed. (Response due September 13, 2024)

Attorneys

Federal Deposit Insurance Corporation
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
The Wall Guy Inc., et al.
Steven Todd CookCook Law Offices, PLLC, Petitioner
Steven Todd CookCook Law Offices, PLLC, Petitioner