Cases - Denial of a Petition for Writ of Certiorari Obtained in United States Supreme Court

Denial of a Petition for Writ of Certiorari Obtained in United States Supreme Court

Resolution Date
10/04/2010

Practice Areas
Commercial Litigation
Legal Malpractice

Description

John Rogers and Joe Kingma obtained a denial of a petition for writ of certiorari to the United States Supreme Court for a lawyer who had been appointed as a receiver for several convenience stores as the result of a state civil RICO proceeding. The RICO proceedings developed out of allegations that the previous owners of the convenience stores had engaged in a scheme to defraud their customers by tampering with the fuel pumps. The lawyer was appointed receiver and ordered to seize all assets and property of the stores. Nonetheless, the new owners of the convenience stores claimed that the lawyer unlawfully seized certain inventory property contained in the stores. The new owners filed suit in the United States District Court for the Southern District of Georgia and filed a motion for a temporary restraining order and preliminary injunction. Carlock Copeland defeated the motion for a temporary restraining order and preliminary junction and filed a motion to dismiss, which the district court granted on the basis of a lack of subject matter jurisdiction. The United States Court of Appeal for the Eleventh Circuit affirmed the district court, holding that the district court lacked subject matter jurisdiction to hear claims against a state court appointed receiver. Despite the plaintiffs” repeated losses, they petitioned the United States Supreme Court to review the Eleventh Circuit’s decision but were denied certiorari after Carlock Copeland’s lawyers filed their brief in opposition.

Attorneys Involved
John C. Rogers
Johannes S. Kingma

CCS Office
Atlanta