No. 18-79

Tiberiu Klein, et al. v. Daniel O'Brien, et al.

Lower Court: Seventh Circuit
Docketed: 2018-07-17
Status: Denied
Type: Paid
Relisted (2)
Tags: appellate-procedure appellate-review attorney-sanctions civil-procedure due-process fraud incompetence judicial-misconduct judicial-procedure judicial-standards notice opportunity-to-be-heard procedural-fairness sanctions subject-matter-jurisdiction
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (from Petition)

1. Did the Seventh Circuit violates its own Standards and
Rules and violate petitioners' due process rights in falsely
accusing an attorney of pretense, fraud, lying, and
incompetence in a judicial opinion, without any notice and
opportunity to be heard?

2. Did the Seventh Circuit violate petitioners' due
process rights in sua sponte ordering that sanctions
would be imposed against petitioners for any further
actions related to the case?

3. Did the Seventh Circuit err by allowing the district
court to state only subject matter jurisdiction would be
briefed, but then claim the district court dismissed on the
merits and petitioners waived any merit's arguments on
appeal, without first giving petitioners an opportunity to
respond?

Question Presented (AI Summary)

Did the Seventh Circuit violates its own Standards and Rules and violate petitioners' due process rights in falsely accusing an attorney of pretense, fraud, lying, and incompetence in a judicial opinion, without any notice and opportunity to be heard?

Docket Entries

2019-01-07
Rehearing DENIED.
2018-11-28
DISTRIBUTED for Conference of 1/4/2019.
2018-10-26
2018-10-01
Petition DENIED.
2018-08-29
DISTRIBUTED for Conference of 9/24/2018.
2018-07-09
Petition for a writ of certiorari filed. (Response due August 16, 2018)

Attorneys

John Xydakis
John Xydakis — Petitioner
Tiberiu Klein
Tiberiu Klein — Petitioner