No. 20-5288

Eugene Peter Schuler v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2020-08-06
Status: Denied
Type: IFP
IFP
Tags: bad-faith contract-law extrinsic-fraud fraud intentional-omission legal-authority omission statute-of-limitations voidable-agreement
Latest Conference: 2020-10-09
Question Presented (from Petition)

k. WHETHER CONTRACT LAW IDENTIFIES THAT AN AGREEMENT CAN BE SUED "BAD FAITH" AND MADE VOIDABLE BY EITHER EXTRINSIC FRAUD OR, ANOTHER INADVERTENT OMISSION OF PERTINENT INJURIOUS INFORMATION ABOUT THE AGREEMENT

"DOES ANY COURT HAVE THE REMAINING AUTHORITY TO HEAR SUCH A CASE IF THE PETITIONER HAS PASSED? OR DOES IT FOLLOW PETITIONER'S EXPIRATION DATE TO

B. DOES LIABILITY AND ANY RESCINDING FROM AN AGREEMENT SIGNED UNDER BAD FAITH, AND ITS PROVISIONS, FALL ON A LAWYER THAT INADVERTENTLY OMITTED INJURIOUS INFORMATION OR THE AGREEMENT FROM A CLIENT, INTENTIONALLY OR ACCIDENTALLY? OR DOES IT FALL BY THE PETITIONER'S

C. QUANTUM AND ANY INJURY RESULTING FROM AN AGREEMENT SIGNED UNDER BAD FAITH, AND ITS PROVISIONS, FALL ON A PROSECUTOR THAT INTENTIONALLY VIOLATED CLEARLY ESTABLISHED LAW FOR CONTRACTUAL DEALINGS, OR DOES IT FALL OUTSIDE THE PETITIONER'S

Question Presented (AI Summary)

Where contract law identifies that an agreement can be signed under bad faith and made voidable by either extrinsic fraud or an intentional omission of pertinent/injurious information about the agreement, does any court have the granting authority to hear such a case if the expiration date to file time has passed?

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-07-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2020)

Attorneys

Eugene Peter Schuler
Eugene Peter Schuler — Petitioner