No. 21-697

Paul C. Clark, Sr., et al. v. Council of Unit Owners of the 100 Harborview Drive Condominium

Lower Court: Fourth Circuit
Docketed: 2021-11-10
Status: Denied
Type: Paid
Response Waived
Tags: article-iii-court bankruptcy bankruptcy-tribunal civil-rights due-process equitable-mootness judicial-review property-rights standing
Key Terms:
Arbitration DueProcess JusticiabilityDoctri
Latest Conference: 2022-01-07
Question Presented (from Petition)

The first question presented is: whether review of a civil rights discrimination violation holding from an Article I bankruptcy tribunal is precluded by an Article III court based on the judicially-originated "equitable mootness" doctrine?

The second question presented is: whether review of a property rights violation holding from an Article I bankruptcy tribunal is precluded by an Article III court based on the judicially-originated "equitable mootness" doctrine?

The third question presented is: whether reliance on the doctrine of "equitable mootness" by an Article III Court is proper to avoid review of the non-Article III court in the absence of a motion to stay a bankruptcy reorganization plan six months prior to entry of a final appealable order?

Question Presented (AI Summary)

Whether review of a civil rights discrimination violation holding from an Article I bankruptcy tribunal is precluded by an Article III court based on the 'equitable mootness' doctrine?

Docket Entries

2022-01-10
Petition DENIED.
2021-12-01
DISTRIBUTED for Conference of 1/7/2022.
2021-11-12
Waiver of right of respondent Council of Unit Owners of the 100 Harborview Drive Condominium to respond filed.
2021-11-04
Petition for a writ of certiorari filed. (Response due December 10, 2021)

Attorneys

Council of Unit Owners of the 100 Harborview Drive Condominium
James R. ScharfYumkas, Vidmar, Sweeney & Mulrenin, LLC, Respondent
Paul C. Clark, Sr., et al.
Maurice Ulman CahnCahn & Samuels, LLP, Petitioner