No. 18-1281

Hayes B. Milliman v. Timothy L. Randall

Lower Court: California
Docketed: 2019-04-08
Status: Denied
Type: Paid
Relisted (2)
Tags: bankruptcy bankruptcy-law congressional-intent constitutional-interpretation diversity-jurisdiction federal-jurisdiction federal-question markham-v-allen probate-exception state-probate-court trust trusts wills
Key Terms:
ERISA Jurisdiction JusticiabilityDoctri
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (from Petition)

What is the scope of the probate exception to federal jurisdiction?

Did Congress intend the probate exception to apply where a federal court is not asked to pro-bate a will, administer an estate, or otherwise assume control of property in the custody of a state probate court?

Did Congress intend the probate exception to apply to cases arising under the Constitution, laws, or treaties of the United States (28 U.S.C. § 1331), or is it limited to cases in which jurisdiction is based on diversity of citizenship?

Did Congress intend the probate exception to apply to cases arising out of trusts, or is it limited to cases involving wills?

Question Presented (AI Summary)

What is the scope of the probate exception to federal jurisdiction?

Docket Entries

2019-10-07
Rehearing DENIED.
2019-09-04
DISTRIBUTED for Conference of 10/1/2019.
2019-06-22
Petition for Rehearing filed.
Main DocumentCertificate of Word CountProof of Service
2019-06-10
Petition DENIED.
2019-05-21
DISTRIBUTED for Conference of 6/6/2019.
2019-05-06
Supplemental brief of petitioner Hayes B. Milliman filed.
Main DocumentProof of ServiceCertificate of Word Count
2018-12-31
Petition for a writ of certiorari filed. (Response due May 8, 2019)
PetitionCertificate of Word CountAppendixProof of Service

Attorneys

Hayes B. Milliman
Hayes Milliman — Petitioner