No. 18-103

Nathalie Thuy Van v. Language Line LLC, et al.

Lower Court: Ninth Circuit
Docketed: 2018-07-23
Status: Denied
Type: Paid
Response Waived
Tags: court-impartiality disqualification-requirement due-process fraud fraud-upon-court fraudulent-court-records impartiality judicial-disqualification jurisdictional-fraud procedural-irregularities seventh-circuit supreme-court-review void-orders
Latest Conference: 2018-09-24
Question Presented (from Petition)

I. Whether the Court of Appeals made a decision
with respect to the disqualification requirement
that conflict with past United States Supreme .
Court decisions: "Disqualification is required if an
objective observer would entertain reasonable
questions about the judge's impartiality. If a
judge's attitude or state of mind leads observer to
conclude that a fair and impartial hearing is unlikely, the judge must be disqualified."

II. Whether the Court of Appeals made a decision
with respect to the fraudulent court records that
conflict with past United States Supreme Court
decisions: "Only an inspection of the record of the
case showing that the judge was without jurisdiction or violated a person's due process rights, or
where fraud was involved in the attempted procurement of jurisdiction, is sufficient for an order

: to be void. In instances herein, the law has stated
that the orders are void ab initio and not voidable
because they are already void."

. III. Whether the Court of Appeals for the Ninth Circuit made a decision with respect to fraud upon
the court that conflict with past Court of Appeals
for the Seventh Circuit decisions.

Question Presented (AI Summary)

Whether the disqualification of a judge is required if an objective observer would entertain reasonable questions about the judge's impartiality, whether fraudulent court records are sufficient for orders to be void ab initio, and whether the lower court's decision conflicts with past Supreme Court and Circuit Court decisions on fraud upon the court

Docket Entries

2018-10-01
Petition DENIED.
2018-08-08
DISTRIBUTED for Conference of 9/24/2018.
2018-08-02
Waiver of right of respondents Language Line LLC, et al. to respond filed.
2018-07-19
Petition for a writ of certiorari filed. (Response due August 22, 2018)

Attorneys

Language Line LLC, et al.
Joel Paul KellyJackson Lewis LLP, Respondent
Nathalie Thuy Van
Nathalie Thuy Van — Petitioner