Ransmeier v. UAL Corporation
486 F. App'x 890
| 2d Cir. | 2012Background
- Ellen Mariani sought intervention in Ransmeier v. UAL Corp., et al., in the Southern District of New York.
- The district court denied Mariani’s initial motion to intervene under Rule 24(a)(2) and later denied her attorney’s pro hac vice admission.
- This Court affirmed the denial of intervention on the basis that Mariani had no sufficient interest in the federal action.
- Mariani’s interest was deemed extinguished by her probate court agreement with Peters, transferring claims to Ransmeier for the Peters litigation.
- The record and prior rulings established law-of-the-case effect, requiring denial of a renewed intervention attempt.
- The court also warned of sanctions for frivolous appeals by Mariani and her counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mariani has an interest to intervene as of right | Mariani contends she has a right to intervene under Rule 24(a)(2). | Defendants/Defendant-Appellees argue Mariani has no sufficient interest because of the probate agreement transferring claims. | No right to intervene; law-of-the-case denial stands. |
| Whether the law-of-the-case doctrine forecloses renewed intervention | Mariani asserts a new basis supports intervention. | District court correctly applied law-of-the-case from prior decision. | Law-of-the-case forecloses renewed intervention. |
| Whether the district court properly denied admission pro hac vice | Mariani contends attorney admission should be allowed alongside intervention. | No party status to represent in federal action; pro hac vice denial stands. | Denied; no standing to challenge settlement as a non-party. |
Key Cases Cited
- United States v. Quintieri, 306 F.3d 1217 (2d Cir. 2002) (mandate rule and law-of-the-case principles in litigation)
- DeWeerth v. Baldinger, 38 F.3d 1266 (2d Cir. 1994) (law-of-the-case doctrine applies across stages of litigation)
- N.S. Windows, LLC v. Minoru Yamasaki Associates, Inc., 351 F. App’x 461 (2d Cir. 2009) (probate agreement bound party in federal litigation; standing implications)
- United States v. City of New York, 198 F.3d 360 (2d Cir. 1999) (law-of-the-case and discretion in litigation posture)
- In re Smith, 645 F.3d 186 (2d Cir. 2011) (sanctions for frivolous appeals and conduct)
- Gallop v. Cheney, 642 F.3d 364 (2d Cir. 2011) (courts may impose sanctions for frivolous appeals)