No. 23-1253

McLaughlin Freight Services, Inc. v. ContiTech USA, Inc.

Lower Court: Eighth Circuit
Docketed: 2024-05-31
Status: Denied
Type: Paid
Tags: civil-procedure claim-processing claim-processing-rules federal-rules-of-civil-procedure judgment judgment-amendment nutraceutical-corp-v-lambert remittitur rule-59 sua-sponte time-limitation
Key Terms:
Environmental SocialSecurity Securities Immigration LaborRelations
Latest Conference: 2024-09-30
Question Presented (from Petition)

Can a district court disregard Rule 59's claim-processing rule by sua sponte remitting and amending a judgment more than nine months after Rule 59's twenty-eight-day deadline expires?

Question Presented (AI Summary)

Can a district court disregard Rule 59's claim-processing rule by sua sponte remitting and amending a judgment more than nine months after Rule 59's twenty-eight-day deadline expires?

Docket Entries

2024-10-07
Petition DENIED.
2024-07-17
DISTRIBUTED for Conference of 9/30/2024.
2024-07-01
Brief of ContiTech USA, Inc. in opposition submitted.
Main DocumentCertificate of Word CountProof of Service
2024-07-01
Brief of respondent ContiTech USA, Inc. in opposition filed.
Main DocumentProof of ServiceCertificate of Word CountMain DocumentProof of ServiceCertificate of Word Count
2024-05-28
Petition for a writ of certiorari filed. (Response due July 1, 2024)
PetitionCertificate of Word CountProof of ServicePetitionCertificate of Word CountProof of Service

Attorneys

ContiTech USA, Inc.
Michael Ambrose Dee — Brown, Winick, Graves, Gross and Baskerville, PLC, Respondent
McLaughlin Freight Services, Inc.
Abram Vogel Carls — Simmons Perrine Moyer Bergman, PLC, Petitioner