No. 24-1210

Brent Andrew Brackett Arbogast v. Pfizer Inc., as Successor to Wyeth Pharmaceuticals, et al.

Lower Court: First Circuit
Docketed: 2025-05-29
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review civil-procedure due-process fair-labor-standards-act fifth-amendment rule-41-dismissal
Latest Conference: 2025-09-29
Question Presented (from Petition)

1. Does the Fifth Amendment require appellate courts to rule on a petitioner's briefed arguments and alleged facts rather than unraised theories and facts?

2. Can a defendant employer dismiss a claim brought under the Fair Labor Standards Act (FLSA) by filing an unsigned Rule 41(a)(1) stipulation of dismissal without plaintiffs consent?

Question Presented (AI Summary)

Does the Fifth Amendment require appellate courts to rule on a petitioner's briefed arguments and alleged facts rather than unraised theories and facts? Can a defendant employer dismiss a claim brought under the Fair Labor Standards Act (FLSA) by filing an unsigned Rule 41(a)(1) stipulation of dismissal without plaintiffs consent?

Docket Entries

2025-10-06
Petition DENIED.
2025-07-09
DISTRIBUTED for Conference of 9/29/2025.
2025-06-16
Waiver of right of respondents Pfizer, Inc., Leigh Cowdrick, John Brack and Kerri Lewandowski to respond filed.
2025-06-06
Waiver of right of respondents Thomas M. Clossen, Micheal J. Lambert, and Sheehan, Phinney, Bass & Green, P.A. to respond filed.
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2025-03-03
Petition for a writ of certiorari filed. (Response due June 30, 2025)
Proof of ServicePetitionAppendixCertificate of Word CountPetitionAppendixProof of ServiceCertificate of Word Count
2024-12-20
Application (24A609) granted by Justice Jackson extending the time to file until March 3, 2025.
2024-12-10
Application (24A609) to extend the time to file a petition for a writ of certiorari from January 2, 2025 to March 3, 2025, submitted to Justice Jackson.
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Attorneys

Brent Arbogast
Brent Andrew Brackett Arbogast — Petitioner
Pfizer, Inc., Leigh Cowdrick, John Brack and Kerri Lewandowski
Bejamin Davis — Respondent
Thomas M. Clossen, Micheal J. Lambert, and Sheehan, Phinney, Bass & Green, P.A.
Linda M. Smith — Morrison Mahoney LLP, Respondent