No. 21-8282

Allan M. Leavitt v. United Services Automobile Association, et al.

Lower Court: First Circuit
Docketed: 2022-06-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights contract-dispute declaratory-relief due-process federal-jurisdiction injunctive-relief lance-v-dennis rooker-feldman rooker-feldman-doctrine specific-performance standing
Latest Conference: 2022-09-28
Question Presented (from Petition)

Did the Court of Appeals violate Petitioner's rights when it relied on the
Rooker-Feldman doctrine as authority and affirmed dismissal his Complaints for
Declaratory Relief, Injunctive Relief, and Specific Performance under a contract
purchased in 2020 by ruling that these causes of action, requests for relief, and new
defendants were previously litigated in state court in 2013 (a factual and legal
impossibility) as there is no state court litigation or judgment on any of the causes
of action, requests for relief, or defendants raised in District Court violating this
Court's ruling in Lance v. Dennis, 546 U.S. 459 (2006)?

Question Presented (AI Summary)

Did the Court of Appeals violate Petitioner's rights when it relied on the Rooker-Feldman doctrine as authority and affirmed dismissal his Complaints for Declaratory Relief, Injunctive Relief, and Specific Performance under a contract purchased in 2020 by ruling that these causes of action, requests for relief, and new defendants were previously litigated in state court in 2013 (a factual and legal impossibility) as there is no state court litigation or judgment on any of the causes of action, requests for relief, or defendants raised in District Court violating this Court's ruling in Lance v. Dennis, 546 U.S. 459 (2006)?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-11
DISTRIBUTED for Conference of 9/28/2022.
2022-07-26
Waiver of right of respondents Tony Nicely, Warren Buffett, Berkshire Hathaway, Inc., Geico Indemnity Co., Board of Directors of Geico Indemnity Co., and Board of Directors of Berkshire Hathaway, Inc. to respond filed.
Main DocumentMain Document
2022-07-21
Waiver of right of respondent Cynthia A. Phillips to respond filed.
Main Document
2022-07-19
Waiver of right of respondents David Brink, Lynn G. McCarthy and Smith & Brink, P. C. to respond filed.
Main Document
2022-07-19
Waiver of right of respondents Lamontagne, Spaulding & Hayes LLP Cathryn Spaulding, individually and as Partner of Lamontagne, Spaulding & Hayes, LLP to respond filed.
Main Document
2022-07-19
Waiver of right of respondent Ronald Harding to respond filed.
Main Document
2022-07-13
Waiver of right of respondent The Commerce Insurance Company to respond filed.
Main Document
2022-07-12
Waiver of right of respondents Defendants United States Automobile Association, Unnamed Members of its Board of Directors, Stuart Parker and Wayne Peacock to respond filed.
Main Document
2022-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2022)
Motion for Leave to Proceed in Forma PauperisPetitionOtherCertificate of Word CountProof of Service

Attorneys

Allan Leavitt
William J. Ruotolo — William J. Ruotolo, Attorney &Counsellor At Law, Petitioner
Cynthia A. Phillips
Mark C. Darling — Fuller, Rosenberg, Palmer & Beliveau, LLP, Respondent
David Brink, Lynn G. McCarthy and Smith & Brink, P. C.
William T. Bogaert — Wilson Elser Moskowitz Edelman & Dicker, LLP, Respondent
Defendants United States Automobile Association, Unnamed Members of its Board of Directors, Stuart Parker and Wayne Peacock
James W. McGarry — Goodwin Procter, LLP, Respondent
Lamontagne, Spaulding & Hayes LLP Cathryn Spaulding, individually and as Partner of Lamontagne, Spaulding & Hayes, LLP
Edwin F. Landers Jr. — Morrison Mahoney, LLP, Respondent
Ronald Harding
Kristyn M. Kelley — Peabody & Arnold, LLP, Respondent
The Commerce Insurance Company
John R. Callahan — Finnegan, Underwood, Ryan & Tierney, Respondent
Tony Nicely, Warren Buffett, Berkshire Hathaway, Inc., Geico Indemnity Co., Board of Directors of Geico Indemnity Co., and Board of Directors of Berkshire Hathaway, Inc.
Jocelyn M. Sedney — Brody, Hardoon, Perkins & Kesten, LLP, Respondent