legal-theory
12 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-834 | Erie Indemnity Company v. Troy Stephenson, et al. | Third Circuit | 2026-01-14 | Pending | claim-preclusion final-judgment issue-preclusion legal-theory ongoing-conduct res-judicata | This Court has emphasized that a previous court's judgment bars any claims between the parties or their privies that "involve a common nucleus of oper… | |
| 24-1323 | Peter Kleidman v. Audrey B. Collins, Associate Justice, Court of Appeal of California, Second Appellate District, et al. | Ninth Circuit | 2025-06-30 | Denied | appellate-procedure briefing-rules court-of-appeals legal-theory procedural-fairness supervisory-power | Question 1. Is this Court willing to use its supervisory power to formulate a rule (fashioned after FRAP 28(j)) which requires a Court of Appeals, w… | |
| 24-6120 | Leprinceton Dewon Burks v. United States | Ninth Circuit | 2024-12-11 | Denied | Response WaivedIFP | appellate-review criminal-procedure district-court legal-theory mandatory-findings rule-12d | A. Whether a Federal Rule of Criminal Procedure Rule 12(d) requirement that a district court deciding a motion must state its essential findings is ma… |
| 23-5440 | Roman Andreyevich Glukhoy v. California | California | 2023-08-25 | Denied | Response WaivedIFP | appellate-review chapman-standard chapman-v-california criminal-procedure harmless-error jury-instructions legal-theory prejudice prejudicial-error standard-of-review | 1. When a defendant is convicted after a trial court instructs a jury on two theories of guilt, one of which is legally correct and one legally incorr… |
| 22-901 | Richard E. Gardiner v. Nels Anderson | Utah | 2023-03-17 | Denied | attorney-fees civil-procedure contract court-of-appeals due-process fourteenth-amendment legal-theory utah-supreme-court waiver | Whether the Utah Supreme Court denied Petitioner his Fourteenth Amendment right to due process when it failed to reverse a decision of the Utah Court … | |
| 22-831 | Bailie Bye v. MGM Resorts International, Inc., dba Beau Rivage Resort and Casino | Fifth Circuit | 2023-03-02 | Dismissed | civil-procedure complaint legal-theory motion notice-pleading pleading pleadings summary-judgment | Is a plaintiff precluded from invoking a legal theory in opposition to a summary-judgment motion solely because she did not expressly cite that theory… | |
| 21-7297 | Jaime B. Garcia v. Warren L. Montgomery, Warden | Ninth Circuit | 2022-03-07 | Denied | Response WaivedIFP | certificate-of-appealability criminal-procedure due-process first-degree-murder habeas-corpus jury-instructions legal-theory prosecutorial-concession reasonable-jurists standard-of-review | Because the appellate court must issue a certificate of appealability ("COA") when the issue is debatable among jurists of reason, should the Ninth Ci… |
| 21-785 | Richard Riccardi v. United States | Second Circuit | 2021-11-29 | Denied | Response Waived | burden-of-establishing-exception collateral-review legal-theory procedural-default retroactive-effect substantive-change substantive-change-of-law supreme-court-precedent yates-v-united-states | Whether the exception to the procedural default rule of Yates v United States, 354 U.S. 298 (1957) applies where this Court has held declared a theory… |
| 19-640 | Andrew Clarke, et al. v. Ray D. Goodson, et al. | Eleventh Circuit | 2019-11-18 | Denied | 14th-amendment civil-procedure civil-rights constitutional-law due-process equal-protection judicial-interpretation legal-theory standing substantive-due-process | Does substantive due process really mean anything, or is it mere mythology? Does equal protection of the law, apply to everyone, or not? | |
| 19-6514 | Alan M. Leschyshyn v. Dineshkumar Patel, et al. | Arizona | 2019-11-06 | Denied | Response WaivedIFP | civil-procedure civil-rights due-process genuine-issue-for-trial judicial-review legal-theory plausible-ground seventh-amendment statute-of-limitations summary-judgment trial-by-jury | 1. With respect to the Petitioner's Seventh Amendment rights, does the judge(s) have to be convinced about legal theory which remains viable under the… |
| 19-5079 | Kenneth Blackwell v. Georgia | Georgia | 2019-07-05 | Denied | Response WaivedIFP | appeal-discretion appellate-procedure appellate-review evidence issue-preservation judicial-discretion legal-sufficiency legal-theory prior-bad-acts prior-difficulties-evidence standard-of-review state-argument trial-court trial-court-discretion trial-procedure waiver | This Court has not enunciated a general rule regarding what questions may be taken and resolved for the first time on appeal when a party fails to pre… |
| 18-914 | Gerald E. Bove v. United States | Second Circuit | 2019-01-15 | Denied | Response Waived | attorney-fees circuit-precedent due-process frivolous frivolous-prosecution hyde-amendment labor-law labor-laws legal-theory standing | 1. For the purposes of denying an a claim for attorney's fees from the federal government under the "Hyde Amendment," may a government theory of prose… |