foreseeability
13 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-1302 | MSP Recovery Claims, Series LLC, a Delaware Series Limited Liability Company, et al. v. Lundbeck LLC, a Delaware Corporation, et al. | Fourth Circuit | 2025-06-26 | Denied | Response RequestedResponse WaivedRelisted (2) | civil-rico drug-manufacturer foreseeability prescribing-decisions proximate-cause rico-statute | (1) Whether, in a civil RICO action against a drug manufacturer for overpayment of drugs, physicians' prescribing decisions constitute an intervening … |
| 24-1141 | Patricia Iten, as Personal Representative of the Estate of Howard Iten v. County of Los Angeles, California | Ninth Circuit | 2025-05-07 | Denied | Response Waived | constitutional-law contract-impairment contracts-clause covid-19-moratorium foreseeability ninth-circuit | Whether a party is barred from stating a claim for relief for violation of the Contracts Clause merely because the party could have foreseen the enact… |
| 23-7668 | Roylee Richardson v. United States | Eighth Circuit | 2024-06-07 | Denied | IFP | arthur-andersen-llp-v-united-states criminal-law federal-criminal-procedure federal-statute foreseeability official-proceeding statutory-interpretation subjective-intent witness-tampering | This Court has held that the federal witness tampering statute, 18 U.S.C. § 1512, requires proof that the defendant "contemplate [d] a[] particular of… |
| 21-6915 | Maxwell Gaffney v. United States | Ninth Circuit | 2022-01-20 | Denied | Response WaivedIFP | burden-of-proof causation criminal-law criminal-statute drug-distribution drug-trafficking federal-law foreseeability judicial-review jury-instructions proximate-cause sentencing | Kyle Rodriguez died after voluntarily using heroin. The government proved to a jury he bought it from Petitioner Maxwell Gaffney. The Government also … |
| 21-5511 | Jose Cesar Sanchez, et al. v. United States | Ninth Circuit | 2021-08-30 | Denied | IFP | alleyne circuit-split criminal-law drug-conspiracy foreseeability rehaif scienter sentencing sentencing-enhancement statutory-interpretation | Like most other circuits, the Ninth Circuit has long held that an individual coconspirator convicted under 21 U.S.C. § 846 is liable only for the type… |
| 20-807 | Bradley LeDure v. Union Pacific Railroad Company | Seventh Circuit | 2020-12-15 | Judgment Issued | CVSGAmici (6)Response RequestedResponse WaivedRelisted (3) | circuit-split federal-employers-liability-act foreseeability in-use interstate-commerce locomotive-inspection-act negligence-per-se railroad-liability safety-regulation statutory-interpretation | Two questions are presented: 1. Whether a locomotive is in use on a railroad's line and subject to the LIA and its safety regulations when its train … |
| 20-533 | Jeffrey Boudreau, as Personal Representative of the Estate of Wendy Boudreau v. Shaw's Supermarkets, Inc. | First Circuit | 2020-10-22 | Denied | Response Waived | business-invitee daubert daubert-standard expert-testimony foreseeability kumho premises-liability rule-702 summary-judgment | 1. When a legal duty exists in a premises lability context to protect business invitees from reasonably foreseeable harm, is the question of foreseeab… |
| 19-1008 | Jim C. Hodge, et al. v. United States | Fifth Circuit | 2020-02-12 | Denied | but-for-causation causation causation-standard false-claims-act foreseeability fraud legal-elements proximate-cause substantial-factor | Whether the causation element standard under the False Claims Act is proximate cause, requiring both that the harm was foreseeable and that the false … | |
| 19-7305 | William James Springer v. United States | Fourth Circuit | 2020-01-16 | Denied | Response WaivedIFP | actual-possession constructive-possession criminal-procedure drug-trafficking firearm-possession foreseeability jointly-undertaken-activity sentencing-enhancement sentencing-guidelines | Whether a defendant's sentence can be enhanced under U.S.S.G. § 2D1.1(b)(1) for possession of a firearm in connection with a drug trafficking offense … |
| 19-7054 | Philip Rogers v. Debbie Asuncion, Warden | Ninth Circuit | 2019-12-23 | Denied | Response WaivedIFP | constitutional-rights criminal-defense criminal-procedure drug-use evidence foreseeability ineffective-assistance reasonable-doubt trial-strategy vehicular-homicide | Philip Rogers was driving after several drinks. Ahead of him a woman was jaywalking, possibly obscured by two bicyclists also crossing. When he saw th… |
| 18-8885 | Jose Roman v. United States | Fifth Circuit | 2019-04-18 | Denied | Response WaivedIFP | criminal-activity criminal-procedure criminal-sentencing drug-offense fifth-circuit-interpretation firearm-enhancement firearms foreseeability presumption presumption-of-use sentencing-guidelines tools-of-the-trade | WHETHER THE GUIDELINES ARE MISAPPLIED LINER 2D1.1 (b)(1) BY MAKING A GENERAL PRESUMPTION THAT FIREARMS ARE "TOOLS OF THE TRADE" AND THAT ALWAYS IS FOR… |
| 18-1123 | Southern Trust Metals, Inc., et al. v. Commodity Futures Trading Commission | Eleventh Circuit | 2019-02-28 | Denied | Response Waived | bank-of-america-v-city-of-miami commodity-exchange-act commodity-futures-trading-commission dura-pharmaceuticals-v-broudo foreseeability industry-ban judicial-injunction lifetime-industry-ban loss-causation proximate-cause reliance separation-of-powers | The Commodity Exchange Act ("CEA") limits restitution in enforcement actions to "losses proximately caused" by a violation of the CEA and CFTC regulat… |
| 18-5532 | Galindo Jose Ruiz-Hernandez v. United States | Fifth Circuit | 2018-08-13 | Denied | Response WaivedIFP | alien-smuggling bodily-injury causation causation-standard criminal-procedure criminal-sentencing due-process foreseeability immigration mens-rea reasonable-foreseeability sentencing-enhancement sentencing-enhancements sentencing-guidelines standard-of-review | Petitioner, GALINDO JOSE RUIZ-HERNANDEZ, was tried and convicted of transporting undocumented aliens within the United States. The District Court adde… |