No. 19-791

Anderson Law Offices, et al. v. Common Benefit Fee and Cost Committee

Lower Court: Fourth Circuit
Docketed: 2019-12-20
Status: Denied
Type: Paid
Tags: appeal-rights appeal-waiver appellate-review civil-procedure common-benefit-fund court-review due-process equitable-relief federal-courts federal-jurisdiction federal-procedure judicial-discretion judicial-responsibilities standing waiver
Latest Conference: 2020-02-21
Question Presented (from Petition)

Whether federal district courts possess the authority to require appeal rights to be waived as a condition for receiving an award available under law.

a. What are the elemental requirements for an enforceable waiver of the right to appellate review in federal proceedings?

b. Whether assent to a forfeiture of appeal rights may be implied from mere acquiescence to a district court's order.

c. Whether express and knowing consent to a forfeiture of appeal rights must be established either through a valid written instrument or in open court.

d. Whether the scope of implied or involuntary waivers of appeal rights must be narrowly construed against the forfeiture under federal law.

e. Whether there is an enforceable, implied guarantee in an otherwise valid waiver of appeal rights that the federal court will still abide by its own rulings in the case as well as basic principles of due process.

Question Presented (AI Summary)

Whether federal courts can require waiver of appeal rights as a condition for receiving an award

Docket Entries

2020-02-24
Petition DENIED.
2020-02-05
DISTRIBUTED for Conference of 2/21/2020.
2020-02-03
Reply of petitioners Anderson Law Offices, et al. filed. (Distributed)
2020-01-21
Brief of respondent Common Benefit Fee and Cost Committee in opposition filed.
2020-01-09
Application (19A749) denied by The Chief Justice.
2020-01-06
Application (19A749) for a stay pending the disposition of the petition for a writ of certiorari, submitted to The Chief Justice.
2019-12-18
Petition for a writ of certiorari filed. (Response due January 21, 2020)

Attorneys

Anderson Law Offices, et al.
Paul W. Flowers — Petitioner
Common Benefit Fee and Cost Committee
Benjamin L. BaileyBailey Glasser LLP, Respondent