No. 24-6113

Laura Hammett v. Portfolio Recovery Associates, LLC, et al.

Lower Court: Eighth Circuit
Docketed: 2024-12-10
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-review civil-procedure clearly-erroneous due-process judicial-discretion summary-affirmance
Key Terms:
SocialSecurity DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2025-02-21 (distributed 2 times)
Question Presented (AI Summary)

Whether the Eighth Circuit violated due process by affirming district court orders without addressing clearly erroneous findings and apparent legal errors

Question Presented (OCR Extract)

QUESTIONS PRESENTED: . . _ Whether the Eighth Circuit Court of Appeals violated the appellant’s due process rights under U.S. Const. amend. XIV by affirming each of the district court’s orders—particularly those requiring de novo review—without addressing clearly . erroneous findings of fact and apparent errors of law, thereby necessitating Supreme Court guidance on the revision or abolition of its local rule allowing such summary affirmance. , This petition also presents three cert-worthy subsidiary questions that remain unanswered: Whether denying access to electronic filing for pro se litigants constitutes "discrimination against the majority property class, in violation of due process and the United Nations' Declaration of Human Rights Article Two. The courts held that : non-attorneys may not file electronically. Whether, consistent with Skidmore and the recent Loper decision, individuals have the right to raise a genuine dispute of material fact by citing factual records . compiled through Civil Investigative Demands by government agencies. The courts ruled that CFPB findings against the defendant were irrelevant. Whether a court must apply a negative inference for spoliation of evidence to preserve fairness and due process when a party, or its predecessor in interest, destroys or alters evidence it knew would plausibly be needed for future litigation. The implication of spoliation was left unaddressed. ii

Docket Entries

2025-02-24
Petition DENIED.
2025-01-16
DISTRIBUTED for Conference of 2/21/2025.
2025-01-14
Waiver of right of respondent Portfolio Recovery Associates, LLC, et al. to respond filed.
2024-12-30
Waiver of Portfolio Recovery Associates, LLC of right to respond submitted.
2024-12-30
Waiver of right of respondent Portfolio Recovery Associates, LLC to respond filed.
2024-12-09
Motion Granted.
2024-11-13
DISTRIBUTED for Conference of 12/6/2024.
2024-10-07
Motion of petitioner for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2024-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2025)

Attorneys

Laura Hammett
Laura Lynn Hammett — Petitioner
Portfolio Recovery Associates, LLC
Misha TseytlinTroutman Pepper Hamilton Sanders LLP, Respondent
Portfolio Recovery Associates, LLC, et al.
James TrefilTroutman Pepper Hamilton Sanders LLP, Respondent