No. 23-78

Palani Karupaiyan v. Arnaud Vaissie, et al.

Lower Court: Third Circuit
Docketed: 2023-07-27
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: appellate-review civil-procedure claim-preclusion dismissal-on-the-merits judgment-on-merits mandamus mandamus-relief moses-h-cone-memorial-hospital-v-mercury-construct pleading-deficiencies preclusion procedural-dismissal semtek-v-lockheed
Latest Conference: 2023-10-06
Question Presented (from Petition)

Petitioner's prayed 9 reliefs were National importance of having the US Supreme Court decide or conflict with USSC ruling, or importance of similarly situated over millions of citizens or the first impression is raised at USSC.

Petitioner's prayed 9 reliefs were as Writ of Mandamus or Prohibition or alternative so the questions were part of three test condition requirement of the Writs.

Lower Courts ruled Plaintiff [petitioner] contends, however, that the judgment in the Prior Action was not "on the merits" because it was premised on pleading deficiencies under Rules 8 and 10 and on his failure to comply with Court Orders under Poulis v. State Farm Fire and Casualty Co., 747 F.2d 863 (3d Cir. 1984). While Plaintiff is correct as to the bases of the prior dismissal, he is incorrect as to the preclusive effect of such dismissals.

Lower Courts' decisions about preclusive effect on Meritless (not on merits) order is incorrect as below.

Question Presented (AI Summary)

Whether the lower courts erred in dismissing the petitioner's claims on preclusive grounds despite the dismissal being based on pleading deficiencies and not on the merits

Docket Entries

2023-10-10
Petition DENIED.
2023-10-03
Waiver of right of respondents International SOS Assistance, Inc., Dessi Nikolova, Gregory Harris, and Arnaud Vassie to respond filed.
2023-09-13
DISTRIBUTED for Conference of 10/6/2023.
2023-06-07

Attorneys

International SOS Assistance, Inc., Dessi Nikolova, Gregory Harris, and Arnaud Vassie
David S. FrymanBallard Spahr Andrews & Ingersoll LLP, Respondent
Palani Karupaiyan
Palani Karupaiyan — Petitioner