material-fact
35 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-7110 | John D. Karna v. Sean Ross, et al. | Arizona | 2026-03-25 | Pending | Response WaivedIFP | Arizona-law constitutional-challenge diversity-equity-inclusion material-fact notice-of-claim summary-judgment | A) Whether the Pima County Superior Court can grant Defendants' motions for summary judgment when a material genuine issue of fact exists for the jury… |
| 24-880 | NexPoint Asset Management, L.P., fka Highland Capital Management Fund Advisors, L.P., et al. v. Highland Capital Management, L.P. | Fifth Circuit | 2025-02-18 | Denied | Response Waived | circuit-split credibility-determination material-fact non-moving-party self-serving-testimony summary-judgment | Whether, contrary to the decisions of multiple other circuits that properly preserve the province of the jury to decide genuinely disputed issues of m… |
| 24-827 | Broadband iTV, Inc. v. Amazon.com, Inc., et al. | Federal Circuit | 2025-02-04 | Denied | alice-test claim-construction material-fact patent-eligibility patent-law summary-judgment | Courts assess whether patent claims are patenteligible under 35 U.S.C. § 101 using the two-step test articulated in Alice Corp. v. CLS Bank Internatio… | |
| 24-5945 | Jodi Rouviere v. Howmedica Osteonics Corporation, dba Stryker Orthopaedics, et al. | Second Circuit | 2024-11-12 | Denied | Response WaivedIFP | federal-rules-of-evidence jury-consideration material-fact reasonable-diligence seventh-amendment summary-judgment | ISSUE I: WHETHER THE TRIAL COURT EFFECTIVELY REMOVED THE FACTUAL INQUIRY INTO PETITIONER "EXERCISE OF REASONABLE DILIGENCE " UNDER NEW YORK CLS CPLR… |
| 24-492 | Marino Scafidi v. Las Vegas Metropolitan Police Department, et al. | Ninth Circuit | 2024-10-31 | Granted | Response Waived | civil-rights material-fact nonmovant-evidence probable-cause summary-judgment supreme-court-precedent | 1. Whether the Ninth Circuit's decision, clearly ignoring the nonmovant's (petitioner-plaintiff's) theories of prosecution and factual evidence set fo… |
| 24-193 | Yoel Weisshaus v. Steve Coy Teichelman, et al. | Fifth Circuit | 2024-08-21 | Denied | Response Waived | civil-rights constitutional-rights law-enforcement material-fact qualified-immunity summary-judgment | 1. In Tolan, involving qualified immunity, the Court held, "Summary judgment is appropriate only if the movant shows that there is no genuine issue as… |
| 24-179 | Eric Katz v. Merrick B. Garland, Attorney General | Fourth Circuit | 2024-08-21 | Denied | Response Waived | administrative-procedure eeoc-complaint employment-discrimination material-fact reasonable-accommodation rehabilitation-act | 1. Whether the court erred in upholding the ruling that there was no genuine issue of material fact with regard to Mr. Katz 's claim that the DOJ v… |
| 24-116 | Daniel A. Madero v. Owen McGuinness | Seventh Circuit | 2024-08-01 | Denied | Response Waived | appellate-review civil-rights due-process fourth-amendment material-fact probable-cause summary-judgment tolan | I. Whether the denial of Mr. Madero's appeal to Respondent's motion for summary judgment was in error, under this Court's ruling in Tolan , as there… |
| 24-107 | Ivan To Man Pang v. Anthony Ye, Citi Realty Services, Financial Manager, et al. | Second Circuit | 2024-07-31 | Denied | abuse-of-discretion civil-procedure credibility credibility-challenge evidence-standard genuine-issues-of-material-fact material-fact nonmoving-party summary-judgment | 1. Whether the lower court erred in granting summary judgment by failing to view the evidence in the light most favorable to the nonmoving party and r… | |
| 23A869 | Jason Peralta, et al. v. Worthington Industries Inc., et al. | Ninth Circuit | 2024-03-28 | Presumed Complete | arizona-law genuine-dispute material-fact negligence products-liability summary-judgment | Question not identified. | |
| 22-1165 | Macquarie Infrastructure Corporation, et al. v. Moab Partners, L.P., et al. | Second Circuit | 2023-06-01 | Judgment Issued | Amici (11)Response Waived | circuit-split item-303 item-303-disclosure material-fact private-right-of-action sec-regulation-s-k sec-rule-10b-5 section-10b securities-exchange-act securities-exchange-act-1934 | Whether the Second Circuit erred in holding —in conflict with the Third, Ninth, and Eleventh Circuits—that a failure to make a disclosure required und… |
| 22-917 | Nayonn Gray v. Autozoners, LLC, et al. | Sixth Circuit | 2023-03-21 | Denied | Response Waived | 42-usc-1981 civil-rights contract contract-services discriminatory-intent material-fact pretext racial-discrimination section-1981 summary-judgment | Whether summary judgment should be granted when there are genuine issues of material fact as to whether a defendant's refusal to provide services requ… |
| 22-568 | Jeffrey A. Cochran v. The Penn Mutual Life Insurance Company, et al. | Eleventh Circuit | 2022-12-20 | Denied | Response Waived | artful-pleading circuit-split class-action federal-preemption material-fact material-facts misrepresentation securities-litigation securities-litigation-uniform-standards-act securities-regulation slusa | 1. Whether SLUSA bars a state-law class action "alleging a misrepresentation or omission of a material fact" when the complaint contains no such alleg… |
| 21-7526 | Adam C. Morris v. Illinois | Illinois | 2022-04-01 | Denied | IFP | criminal-procedure due-process firearm-enhancement interrogatory-issue jury-instructions material-fact material-facts right-to-jury-trial sentencing-enhancement sentencing-procedure verdict-control | 1) DID THE COURT AVOID CONSIDER THE ARGUMENT THAT THE SEPARATE GROUND INTERROGATORY IS AN ISSUE OF MATERIAL FACT AND THAT THE JURY HAD NO KNOWLEDGE IN… |
| 21-1070 | Gabriela Gonzalez v. Harvey Roney, et al. | Arizona | 2022-02-02 | Denied | Response Waived | administrative-law appellate-review civil-procedure civil-rights court-findings due-diligence due-process judicial-error material-fact procedural-default standing | The Arizona Appellate Court, misstated issues of material fact; b) there is a fundamental error in the opinion of the court of Appeals, which misrepre… |
| 21-1020 | Janet Tingling v. Educational Credit Management Corporation, et al. | Second Circuit | 2022-01-19 | Denied | Response Waived | altered-documents business-records civil-procedure due-process evidence-admissibility genuine-issue loan-documents material-fact pro-se-litigation student-loans summary-judgment | 1. Whether the Court of Appeals position was inconsistent with the standards outlined in Rule 56(e), which provides that summary judgment is only prop… |
| 21-787 | Gina Russomanno v. Dan Dugan, et al. | Third Circuit | 2021-11-29 | Denied | Relisted (2) | civil-rights discrimination discrimination-claims due-process material-fact new-evidence res-judicata same-claim-preclusion standing title-vii | 1. Whether the Supreme Court will consider the merits of the decision of the U.S. Court of Appeals for the Third District, pursuant to res judicata, b… |
| 21-544 | Joshua O. Thomas v. Farmers Insurance Exchange | Tenth Circuit | 2021-10-13 | Denied | Response Waived | appellate-review burden-of-proof civil-procedure genuine-issue-of-material-fact inference-standard judicial-precedent material-fact standard-of-review summary-judgment | Whether the district court and court of appeals have effectively abrogated this Court's binding precedent for reviewing a motion for summary judgment—… |
| 21-434 | Mary E. Canning v. Creighton University | Eighth Circuit | 2021-09-21 | Denied | circuit-split civil-procedure civil-rights discrimination eighth-circuit jury-consideration material-fact material-facts retaliation standard-of-review summary-judgment | Whether the Eighth Circuit improperly borrowed part of the standard in FRCP 50 to review a summary judgment under FRCP 56, where the panel's failure t… | |
| 21-423 | Jason Cunningham, Individually and as Administrator ad Litem and Personal Representative of the Estate of Nancy Jane Lewellyn, Deceased v. Robert Paschal, et al. | Sixth Circuit | 2021-09-20 | Denied | Response RequestedResponse WaivedRelisted (2) | civil-rights due-process excessive-force material-fact qualified-immunity summary-judgment tolan-v-cotton use-of-force | 1. Does the ruling in this case by the U.S. Court of Appeals for the Sixth Circuit violate basic fundamental principles of Rule 56 of the Federal Rule… |
| 21-156 | American Contractors Supply, LLC v. HD Supply Construction Supply, Ltd. | Eleventh Circuit | 2021-08-04 | Denied | antitrust antitrust-law civil-procedure evidence-weighing federal-rules federal-rules-of-civil-procedure jury-trial material-fact summary-judgment | Does Federal Rule of Civil Procedure 56 permit the court to weigh competing evidence of a material fact from the moving party to grant summary judgmen… | |
| 20-6828 | Mwenda Murithi v. Bryan Gleckler, et al. | Seventh Circuit | 2021-01-14 | Denied | Response WaivedIFP | ANOER-Son-v.-LIBERTY-LOBBY civil-procedure credibility-determinations deposition-testimony district-court due-process federal-rules material-fact summary-judgment venue | Whether or not the district court and the 7th circuit court of appeals superseded this Court's ruling in ANDERSON V LIBERTY LOBBY INC., 477 U.S. 242, … |
| 20-924 | David G. Bowser v. United States | District of Columbia | 2021-01-11 | Denied | Response Waived | 18-usc-1001 criminal-concealment dismissal-with-prejudice false-statement federal-rules-criminal-procedure federal-rules-of-criminal-procedure judgment-of-acquittal legal-duty material-fact motion-for-judgment-of-acquittal | Whether the legal duty to disclose, required for a criminal concealment of a material fact, 18 U.S.C. § 1001(a)(1), can be created by coupling a volun… |
| 20-875 | Sok Kong, Trustee for Next of Kin of Map Kong, Decedent v. City of Burnsville, Minnesota, et al. | Eighth Circuit | 2020-12-31 | Denied | Amici (4)Response RequestedResponse WaivedRelisted (2) | appellate-review circuit-split district-court genuine-issue-of-material-fact interlocutory-appeal material-fact qualified-immunity standard-of-review summary-judgment | Whether, on interlocutory review of a denial of qualified immunity, an appellate court may reject a district court's determination of a genuine issue … |
| 20-6193 | Martin L. Harrell v. United States | Eleventh Circuit | 2020-11-02 | Denied | Response WaivedIFP | criminal-procedure diligence-standard due-process habeas-corpus material-fact mcquiggin mcquiggin-standard new-evidence prosecutorial-misconduct summary-denial | Whether Evidence Not Presented as the Result of Prosecutorial Misconduct Should Be Considered New Evidence under McQuiggin? Whether a District Court … |
| 20-500 | Berlinda A. Madden v. Megan J. Brennan, Postmaster General | Sixth Circuit | 2020-10-16 | Denied | Response Waived | civil-procedure eeoc-complaint employment-discrimination employment-law evidence material-fact retaliation summary-judgment union-president | Whether a sworn affidavit of the Union President that company officials acted in retaliation for having filed an EEO complaint is a genuine issue of m… |
| 19-8734 | In Re Ren Y. Deng | 2020-06-17 | Denied | Response WaivedIFP | appellate-procedure civil-procedure district-court genuine-issue jurisdictional-review material-fact material-facts procedural-rule procedural-rules standard-of-review summary-judgment | Did the district court deviation from procedural rule while there was overwhelming genuine issue of material fact disputed in the record granting the … | |
| 19-7173 | Kenneth Rose v. United States | Sixth Circuit | 2020-01-06 | Denied | Response WaivedRelisted (2)IFP | address-discrepancy affidavit criminal-procedure fourth-amendment good-faith-exception ineffective-assistance ineffective-assistance-of-counsel material-fact plain-error search-warrant suppression | 1) Reasonable jurists would debate that appellate counsel was ineffective for failing to raise a plain error of fact material to Leon's third exceptio… |
| 19-6285 | Linh Thi Minh Tran v. Stan the Hot Water Man | Oregon | 2019-10-17 | Denied | IFP | civil-procedure employer-liability intentional-torts material-fact material-facts property-damage respondeat-superior scope-of-employment summary-judgment tortious-conduct | 1. Did the trial court Multnomah County Circuit Court State of Oregon error in ruling that as a matter of law when there exists disputed genuine issue… |
| 19-5155 | William M. Russell v. KS Ventures, LLC | Montana | 2019-07-15 | Denied | Response WaivedIFP | civil-procedure constitutional-rights court-procedure due-process genuine-issues judicial-review legal-standard material-fact material-facts standing summary-judgment | 1) Did the findings of the lower courts result in a violation of certain rights of due process? 2) Did the court(s) properly conclude that there were… |
| 18-1187 | Mitchell Miorelli, et al. v. Royal Caribbean Cruise Lines, Ltd. | Eleventh Circuit | 2019-03-14 | Denied | admiralty-jurisdiction civil-procedure discovery discovery-limitations discovery-rules disputed-facts due-process equitable-tolling maritime-law material-fact material-facts motion-to-dismiss pre-answer-dismissal summary-judgment | 1. Whether Summary Judgment Was Proper Where the Respondent Royal Caribbean Cruise Line, LTD. Moved To Dismiss Before Filing An Answer, No There Were … | |
| 18-8168 | Billy Long v. Pennsylvania | Pennsylvania | 2019-02-27 | Denied | Response WaivedIFP | due-process evidentiary-hearing guilty-plea habeas-corpus hearing-requirement ineffective-assistance-of-counsel material-fact plea-bargaining plea-withdrawal post-conviction-relief procedural-error withdrawal-of-plea | WHETHER THIS COURT SHOULD VACATE AND REMAND FOR A HEARING WHERE THE LOWER COURT ERRED IN DISMISSING MR. LONG'S AMENDED PCRA PETITION WITHOUT A HEARING… |
| 18-8114 | Anthony Boyd v. Joe D. Driver, et al. | Fifth Circuit | 2019-02-22 | Denied | Response WaivedIFP | civil-action civil-procedure civil-rights due-process evidence government-transparency legal-standing material-fact standing summary-judgment transparency video-evidence | Whether Lack Of Transparency Of Video Evidence By The d Fact In A Civil Action? |
| 18-6613 | Hector R. DeJesus v. Salvador A. Godinez, et al. | Seventh Circuit | 2018-11-07 | Denied | Response WaivedIFP | admissible-evidence civil-procedure declaration evidence judgment-as-matter-of-law material-fact material-facts motion perjury summary-judgment sworn-declaration | Did the defendants shoed there were no material issue in dispute to any material fact and that they were entitled to the judgment as a matter of law? … |
| 18-176 | Conestoga Trust Services, LLC, as Trustee of the Conestoga Settlement Trust, dated May 1, 2010 v. Sun Life Assurance Company of Canada | Sixth Circuit | 2018-08-09 | Denied | civil-procedure direct-evidence disinterested-witness evidence judicial-discretion material-fact material-facts nonmovant reasonable-jury reasonable-jury-standard summary-judgment witness-credibility | Whether a court considering a motion for summary judgment may, under the guise of applying the "reasonable jury" standard, weigh and discredit direct … |