in-rem

4 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
22-522 Applied Underwriters, Inc., et al. v. Ricardo Lara, Commissioner, California Department of Insurance, et al. Ninth Circuit 2022-12-05 Denied Response Waived 42-usc-1983 abstention abstention-doctrine civil-rights constitutional-violations in-personam in-rem in-rem-jurisdiction prior-exclusive-jurisdiction section-1983 state-executive-officers "[W]hen one court is exercising in rem jurisdiction over a res, a second court will not assume in rem jurisdiction over the same res." Marshall v. Mar…
20-1385 Tarek Obaid v. United States Ninth Circuit 2021-04-02 Denied 28-usc-1355 civil-forfeiture due-process in-rem in-rem-jurisdiction minimum-contacts pennoyer-v-neff property-situs shaffer-v-heitner statutory-interpretation Does the Due Process Clause, as construed by Shaffer v. Heitner, require application of the "minimum contacts" test to true in rem proceedings?; and …
19-970 Retail Ready Career Center, Inc. v. United States Fifth Circuit 2020-02-03 Denied Amici (1) 5th-amendment civil-forfeiture constitutional-counterclaims due-process fifth-amendment in-rem in-rem-proceeding seizure-of-funds sovereign-immunity 1. Does the United States have complete immunity from constitutional counterclaims asserted in an in rem civil forfeiture case initiated by the United…
18-5506 Tim Sundy v. Friendship Pavilion Acquisition Company, LLC, et al. Georgia 2018-08-10 Denied Response WaivedIFP appellate-review civil-procedure civil-rights due-process equal-protection in-rem in-rem-proceeding intervention third-party-plaintiff Whether the state court trial judge, in an in rem proceeding, can strip the petitioner of his rights and benefits of equal protection to proceed as an…