Monday, October 17, 2005

Two Procedural Cases Denied SCOTUS Review Today

The Supreme Court denied review in several cases today, two among them pertaining to procedural issues:

- Carroll v. Faucheux, where the question presented was, "Does accelerated procedure in Texas governing appeals from parental rights termination judgments violate federal due process by depriving parents of appeal when parent suffers ineffective assistance of counsel that causes failure to timely perfect appeal?"

- American Family Mutual Insurance Co. v. Messina, where the question presented was, "Are defendant's 14th Amendment due process rights violated when trial court orders class notice to approximately 24,000 non-class members in opt-out state class action and thereby forces defendant to litigate against these non-class members, given that (i) it is undisputed that these non-class members are identifiable and (ii) it is undisputed that these non-class members have no justiciable claim against defendant?"

BNA subscribers can view more information on these and all the cases denied review today by clicking here.


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