No. 18-566

Heriberto Menendez v. Marshall Garber

Lower Court: Sixth Circuit
Docketed: 2018-10-31
Status: Denied
Type: Paid
Response RequestedRelisted (3) Experienced Counsel
Tags: civil-rights commerce-clause constitutional-burden due-process interstate-commerce judicial-jurisdiction limitations long-arm-statute non-resident-tolling statute-of-limitations tolling
Latest Conference: 2019-02-22 (distributed 3 times)
Question Presented (from Petition)

Whether a state statute that tolls limitations while the defendant is absent from the state imposes constitutionally impermissible burdens on interstate commerce when applied to a resident who permanently departs the state after the events giving rise to suit, yet remains amenable to service under the state's long-arm statute.

Question Presented (AI Summary)

Whether a state statute that tolls limitations while the defendant is absent from the state imposes constitutionally impermissible burdens on interstate commerce when applied to a resident who permanently departs the state after the events giving rise to suit, yet remains amenable to service under the state's long-arm statute

Docket Entries

2019-02-25
Petition DENIED.
2019-02-19
DISTRIBUTED for Conference of 2/22/2019.
2019-01-30
DISTRIBUTED for Conference of 2/15/2019.
2019-01-28
Reply of petitioner Heriberto Menendez, M.D. filed.
2019-01-14
Brief of respondent Marshall Garber in opposition filed.
2018-12-13
Response Requested. (Due January 14, 2019)
2018-12-12
DISTRIBUTED for Conference of 1/4/2019.
2018-10-29
Petition for a writ of certiorari filed. (Response due November 30, 2018)
2018-08-16
Application (18A176) granted by Justice Kagan extending the time to file until October 29, 2018.
2018-08-14
Application (18A176) to extend the time to file a petition for a writ of certiorari from August 30, 2018 to October 29, 2018, submitted to Justice Kagan.

Attorneys

Heriberto Menendez, M.D.
Joseph Carl CecereCecere, PC, Petitioner
Marshall Garber
Jacob James BeausayBeausay Law Firm, Respondent