No. 21-832

Terrance Walker v. Intelli-Heart Services, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2021-12-06
Status: Denied
Type: Paid
Tags: anti-slapp circuit-split civil-procedure federal-procedure federal-rules necessary-and-proper ninth-circuit rules-of-civil-procedure shady-grove
Latest Conference: 2022-02-18
Question Presented (from Petition)

The question presented is:

1. Is applying state law Anti-Slapp procedure in Federal Court consistent with this Court's decision in Shady Grove? In particular,
a. Do Anti-Slapp law procedures Directly Conflict with Federal Rules 8, 12, and 56; the Necessary and Proper Clause; and Federal law?
b. Is the Ninth Circuit's "Side By Side" Approach impracticable, Rendering Shady Grove as well as Rules 8, 12, and 56 Easily-Evaded Formalites?
c. Does the Ninth Circuit Approach Conflict With Other Circuits That Have Uniformly Followed the Shady Grove Rule, rejecting state procedures?

2. Should this Court wait ten more years to ensure Circuit compliance with Shady Grove?

Question Presented (AI Summary)

Is applying state law Anti-Slapp procedure in Federal Court consistent with Shady Grove?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-19
DISTRIBUTED for Conference of 2/18/2022.
2021-12-29
Blanket Consent filed by Petitioner, Terrance Walker
2021-12-02
Petition for a writ of certiorari filed. (Response due January 5, 2022)

Attorneys

Terrance Walker
Terrance Walker — Petitioner