No. 18-233

Indiezone, Inc., et al. v. Todd Rooke, et al.

Lower Court: Ninth Circuit
Docketed: 2018-08-22
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 28-usc-1927 act-of-state-doctrine congressional-intent due-process extraterritorial-application federal-sanctions inherent-powers rule-44.1 sanctions sovereign-immunity
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (from Petition)

Did congress intend the court's inherent powers and U.S. 28 U.S.C. § 1927 to apply extraterritorially allowing Rule 44.1 analysis to be applied to overseas conduct or are federal courts prohibited by the presumption from disregarding a sovereign's official domestic acts under the Act-of-State Doctrine.

Did congress intend a federal court's inherent powers and those under 28 U.S.C. § 1927 to impose punitive sanctions for extraterritorial conduct without regard to full due process protections before a federal court for conduct claimed to be criminal under a sovereign's law.

Where a party has been directed to arbitration can the district court dismiss their claims and award monetary sanction without a causal connection to bad faith conduct.

Question Presented (AI Summary)

Did Congress intend the court's inherent powers and 28 U.S.C. § 1927 to apply extraterritorially, allowing Rule 44.1 analysis to be applied to overseas conduct or are federal courts prohibited by the presumption from disregarding a sovereign's official domestic acts under the Act-of-State Doctrine?

Docket Entries

2019-01-07
Rehearing DENIED.
2018-12-19
DISTRIBUTED for Conference of 1/4/2019.
2018-11-21
Application (18A530) denied by Justice Kagan.
2018-11-21
2018-11-16
Application (18A530) to file petition for rehearing in excess of word limits, submitted to Justice Kagan.
2018-10-29
Petition DENIED.
2018-10-03
DISTRIBUTED for Conference of 10/26/2018.
2018-08-29
Waiver of right of respondent Wal-Mart Stores, Inc. and General Electric Company to respond filed.
2018-08-28
Waiver of right of respondents Todd Rooke, et al. to respond filed.
2018-08-17
Petition for a writ of certiorari filed. (Response due September 21, 2018)
2018-07-23
Application (18A76) granted by Justice Kennedy extending the time to file until August 17, 2018.
2018-07-17
Application (18A76) to extend the time to file a petition for a writ of certiorari from July 18, 2018 to August 17, 2018, submitted to Justice Kennedy.

Attorneys

Indiezone, Inc., et al.
Kenneth Wayne CraigKenneth W. Craig, Atttorney at Law, Petitioner
Todd Rooke, et al.
Keiko L. SugisakaMaslon LLP, Respondent
Wal-Mart Stores, Inc. and General Electric Company
Raymond A. CardozoReed Smith, LLP, Respondent