No. 22-400

Mark Barinholtz v. HomeAdvisor, Inc., et al.

Lower Court: Seventh Circuit
Docketed: 2022-10-31
Status: Denied
Type: Paid
Tags: appellate-review civil-procedure federal-courts federal-rules-of-appellate-procedure federal-rules-of-civil-procedure judicial-discretion jurisdiction jurisdictional-rules procedural-flexibility timeliness timeliness-doctrine
Latest Conference: 2023-01-06
Question Presented (from Petition)

Should the federal courts, in an effort to serve the purposes of the public's interest in gaining access to justice, be following timeliness rules applicable to appellate review that are most strictly construed, versus allowing the flexibility to exercise rights of review in an orderly, and reasonably calculated duration from commencement of an action through finality?

And if so, i.e., that a stricter interpretation applies, does that level of strictness of construction constitute misapplication of principles of jurisdiction which will lead to burdensome review which, in turn, negatively impacts the proper, broadly consistent application of Fed. R. App. P. 3 and 4, and Fed. R. Civ. P. 59, and 60?

Question Presented (AI Summary)

Whether federal courts should follow strict timeliness rules for appellate review or allow flexibility to exercise rights of review in an orderly, reasonably calculated duration

Docket Entries

2023-01-09
Petition DENIED.
2022-12-14
DISTRIBUTED for Conference of 1/6/2023.
2022-10-26
Petition for a writ of certiorari filed. (Response due November 30, 2022)
2022-08-24
Application (22A176) granted by Justice Barrett extending the time to file until October 28, 2022.
2022-08-17
Application (22A176) to extend the time to file a petition for a writ of certiorari from August 29, 2022 to October 28, 2022, submitted to Justice Barrett.

Attorneys

Mark Barinholtz
Mark Howard BarinholtzMark Barinholtz, P.C., Petitioner