No. 22-286

Frieda Mae Rogers, fka Frieda Rogers Roen, et al. v. Wilmington Trust Company, et al.

Lower Court: Third Circuit
Docketed: 2022-09-27
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: appellate-review civil-procedure erie-doctrine factual-stipulations federalism forum-selection judicial-admissions state-law statutes-of-limitations statutory-interpretation
Key Terms:
ERISA Privacy JusticiabilityDoctri
Latest Conference: 2022-11-04
Question Presented (from Petition)

1. May the court of appeals override the parties' factual
stipulation crucial to petitioners' right to recover,
contrary to this Court's precedents as well as the
decisions of inferior federal courts, all holding that factual
stipulations are final and binding on the parties and the
litigation itself as judicial admissions?

2. Did the court of appeals violate the federalism principle
of Erie R. Co. v. Tompkins, 304 U.S. 64 (1938) when it
created contrary to Delaware statutory law new
substantive State law about what constitutes a"report"
under 12 Del. Code § 3585 for purposes of triggering the
statutes of limitations for bringing suit, a result causing
substantial variation in outcomes between State and
federal litigation, influencing the choice of a forum for
future litigants and depriving petitioners of property
rights they would otherwise enjoy in State court?

Question Presented (AI Summary)

May-the-court-of-appeals-override-the-parties'-factual-stipulation

Docket Entries

2022-11-07
Petition DENIED.
2022-10-19
DISTRIBUTED for Conference of 11/4/2022.
2022-10-12
Waiver of right of respondent Wilmington Trust Company, et al. to respond filed.
2022-09-24
Petition for a writ of certiorari filed. (Response due October 27, 2022)

Attorneys

Frieda Mae Rogers
Dennis P. Derrick — Petitioner
Wilmington Trust Company, et al.
John M. McIntyrePorter Wright Morris & Arthur, Respondent