No. 23-731

Kyros Law P.C., et al. v. World Wrestling Entertainment, Inc., et al.

Lower Court: Second Circuit
Docketed: 2024-01-05
Status: Denied
Type: Paid
Response Waived
Tags: 5th-amendment attorney-sanctions civil-procedure due-process federal-rules-civil-procedure fifth-amendment inherent-judicial-power rules-enabling-act sanctions
Latest Conference: 2024-02-16
Question Presented (from Petition)

In judicial proceedings in United States District Courts, what Due Process mandates under United States Constitution Article III and Amendment V, Rules Enabling Act, Federal Rules of Civil Procedure and Inherent Judicial Power protect an attorney's reputation, honor, integrity and property? In this case, the U.S. Court of Appeals for the Second Circuit affirmed monetary and non-monetary sanctions imposed by the U.S. District Court for the District of Connecticut under inherent powers.

The first question presented: Are sanctions imposed upon Petitioner under Federal Rules of Civil Procedure derived from inherent judicial power as discussed in Willy v. Coastal Corp., 503 U.S. 131, 139 (1992)?

The second question presented: Are federal courts required to follow the Fifth Amendment due process mandates of Chambers v. Nasco, Inc., 501 U.S. 32 (1991) and Roadway Express, Inc. v. Piper, 447 U.S. 752 (1980) in ascertaining whether Petitioner lacked good faith to award attorneys' fees under the Federal Rules of Civil Procedure?

The third question presented: Did Congress by the Rules Enabling Act, confer upon this Court the authority to adopt the Federal Rules of Civil Procedure and expand inherent power sanctions beyond Chambers and Roadway to deprive Petitioner of liberty and property?

Question Presented (AI Summary)

What Due Process mandates under US Constitution Article III and Amendment V, Rules Enabling Act, Federal Rules of Civil Procedure and Inherent Judicial Power protect an attorney's reputation, honor, integrity and property?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-31
DISTRIBUTED for Conference of 2/16/2024.
2024-01-21
Waiver of right of respondent World Wrestling Entertainment, Inc., et al. to respond filed.
2024-01-02

Attorneys

Kyros Law P.C., et al.
Konstantine William KyrosKyros Law Offices, Petitioner
World Wrestling Entertainment, Inc., et al.
Jeffrey MuellerDay Pitney LLP, Respondent