No. 20-754

Albert Von Weingarten v. Lonnie Chester

Lower Court: Second Circuit
Docketed: 2020-12-01
Status: Denied
Type: Paid
Response Waived
Tags: certification-to-state-court civil-procedure diversity-jurisdiction estate-administration federal-court independent-cause-of-action legal-certification maladministration state-law statutory-interpretation
Latest Conference: 2021-01-08
Question Presented (from Petition)

1. Does Title 14 Vermont Statutes Annotated Section 1208 provide for an independent cause of action for maladministration of an estate, which can be brought in the United States District Court of Vermont based on diversity jurisdiction?

2. If there was any doubt about Vermont's Supreme Court recognizing the statute as creating an independent action, should the trial and/or appellate court have certified the questions to the Vermont Supreme Court?

Question Presented (AI Summary)

Does Title 14 Vermont Statutes Annotated Section 1208 provide for an independent cause of action for maladministration of an estate, which can be brought in the United States District Court of Vermont based on diversity jurisdiction?

Docket Entries

2021-01-11
Petition DENIED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-04
Waiver of right of respondent Lonnie Chester to respond filed.
2020-11-24
Petition for a writ of certiorari filed. (Response due December 31, 2020)

Attorneys

Albert Von Weingarten
Harold B. Stevens IIIStevens Law Office, Petitioner
Lonnie Chester
Duncan Frey KilmartinRexford and Kilmartin, P.C., Respondent