motion-to-dismiss
181 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-1010 | Lee Michael Tomko v. Bruno Martin | Eleventh Circuit | 2026-02-24 | Pending | bivens-action federal-employee-liability fourth-amendment motion-to-dismiss pleading-standards rule-12b6 | Is my complaint frivolous or otherwise insubstantial, when applying the motion to dismiss standard of accepting all allegations in the complaint as tr… | |
| 25-6580 | Joseph Chhim v. City of Houston, Human Resources-Public Works, et al. | Fifth Circuit | 2026-01-14 | Pending | Response WaivedIFP | civil-procedure due-process motion-to-dismiss notice-and-opportunity pro-se summary-judgment | When considering a Motion to Dismiss for Failure to State a Claim Upon which Relief May be Granted Pursuant to Federal Rules of Civil Procedure 12(b)(… |
| 25-778 | Natalia Mikhaylovna Bardakova v. United States | Second Circuit | 2026-01-05 | Denied | Response Waived | criminal-procedure due-process foreign-national fugitive-disentitlement international-law motion-to-dismiss | Whether a court may refuse to consider a foreign national defendant's motion to dismiss an indictment based on the fugitive disentitlement doctrine wh… |
| 25-702 | CO2 Committee, Inc. v. Montezuma County, Colorado, et al. | Tenth Circuit | 2025-12-17 | Denied | civil-rights district-court facial-attack motion-to-dismiss rule-12b1 tenth-circuit | Because the District Court and the County agreed on the facial attack procedure, should the Tenth Circuit on appeal have reversed the Order of the Dis… | |
| 25-6328 | Talitha Lacey Combs, aka Talitha Lacey Randall v. Urban Restaurant Group, et al. | Oregon | 2025-12-09 | Denied | IFP | constitutional-rights impartial-tribunal judicial-bias motion-to-dismiss pro-se-status whistleblower-retaliation | (1) When the bias, prejudice, or partiality against a pro se Plaintiff is based on either her pro se status or her previous whistleblowing activities … |
| 25-6307 | Carl Sidney Race v. Montana State Prison Infirmary, et al. | Ninth Circuit | 2025-12-08 | Denied | Response WaivedIFP | civil-procedure district-court magistrate-authority motion-to-dismiss personal-involvement rule-12b6 | 1. Does a U.S. Magistrate Judge have the authority under 28 U.S.C. § 636(c) to supersede an Order of the Article III U.S. District Court Judge that de… |
| 25-5966 | Mally Gage v. Mayo Clinic, et al. | Ninth Circuit | 2025-10-27 | Denied | Response WaivedIFP | civil-rights-act due-process motion-to-dismiss pro-se-litigant religious-accommodation title-vii | 1) Under Title VII of the Civil Rights Act of 1964, can employers demand statements of apostasy as well as set restrictions on how an employee can c… |
| 25-359 | Rambod Sotoodeh, et al. v. City of South El-Monte, California, a Municipal Corporation, et al. | Ninth Circuit | 2025-09-25 | Denied | circuit-split federal-rules-civil-procedure local-rules merits-consideration motion-to-dismiss rule-12b6 | Whether Federal Rules of Civil Procedure 12(b)(6) and 83(a)(1) require a district court to consider the merits of an unopposed Rule 12(b)(6) motion to… | |
| 25-346 | Geoffrey M. Young v. Morgan McGarvey | Kentucky | 2025-09-23 | Denied | Response Waived | civil-procedure federal-jurisdiction judicial-discretion motion-to-dismiss pleading-standards state-court-review | 1. Should this Court allow Kentucky's state courts and federal district courts to dismiss meritorious civil complaints before discovery "for failure t… |
| 25-335 | Lee Michael Tomko v. United States | Federal Circuit | 2025-09-23 | Denied | Response Waived | contract-claims federal-jurisdiction motion-to-dismiss pleading-standards pro-se tucker-act | Are my claims in the amended complaint, sufficient enough to survive a motion to dismiss, when applying motion to dismiss standards such as accepting … |
| 25-5678 | Thomas Jarrell Shoffner v. United States | Fourth Circuit | 2025-09-18 | Denied | Response WaivedRelisted (6)IFP | constitutional-challenge criminal-law district-court-procedure firearms-regulation motion-to-dismiss statutory-interpretation | I. Whether the District Court Erred in Denying Appellant's Motion to Dismiss the Indictment on the Constitutionality of 18 U.S.C. § 922(g) (1). |
| 25-5379 | Kayle Barrington Bates v. Ron DeSantis, Governor of Florida | Eleventh Circuit | 2025-08-17 | Denied | Amici (2)IFP | discrimination-standard habeas-corpus motion-to-dismiss section-1983-challenge statistical-evidence supreme-court-precedent | Whether the standard of proof ("virtually 100 percent") imposed by the Court of Appeals for statistical evidence of discrimination and arbitrariness c… |
| 25-94 | Angela DeBose v. United States District Court for the Northern District of Florida | Eleventh Circuit | 2025-07-24 | Denied | Relisted (2) | administrative-error district-court judicial-procedure magistrate-judge motion-to-dismiss rule-65 | (1) Whether the district court properly dismissed and closed the case if the Plaintiff-Petitioner filed in the wrong court, rather than transfer it … |
| 25-69 | Shan Shan Su v. Broward County, Florida | Eleventh Circuit | 2025-07-18 | Denied | appellate-review circuit-court due-process equal-protection legal-precedent motion-to-dismiss | 1. Whether the Eleventh Circuit's claim that a litigant has forfeited her appellate rights and its refusal to conduct the required de novo review on a… | |
| 25A36 | Jacqusyn Zechariah Grubb v. United States | Eighth Circuit | 2025-07-09 | Presumed Complete | 922(g)(8) as-applied-challenge domestic-violence-restraining-order facial-challenge motion-to-dismiss second-amendment | Question not identified. | |
| 24A1292 | Terry Duane Qualls v. United States | Eighth Circuit | 2025-06-27 | Presumed Complete | criminal-appeal district-court eighth-circuit motion-to-dismiss procedural-dismissal rehearing | Question not identified. | |
| 24-1229 | Denise A. Canzoneri v. Prescott Unified School District, et al. | Ninth Circuit | 2025-06-03 | Denied | clearly-established factual-allegations first-amendment light-most-favorable motion-to-dismiss qualified-immunity | 1. At the motion to dismiss stage, all factual allegations in the complaint must be viewed as true and resolved in a light most favorable for the plai… | |
| 24-1219 | Dora L. Adkins v. JP Morgan Chase Bank, N.A. | Fourth Circuit | 2025-05-30 | Denied | civil-procedure district-court federal-jurisdiction fourth-circuit motion-to-dismiss pro-se-plaintiff | I. Whether the U.S. Court of Appeals for the Fourth Circuit ("Fourth Circuit ") properly AFFIRMED the district court 's order. Pet. App. A, p. 3a. … | |
| 24-1195 | In Re Symon Mandawala | 2025-05-22 | Denied | civil-procedure jurisdiction motion-to-dismiss rule-12(b)(6) service-of-process sua-sponte | Whether a district court itself can invoke a motion to dismiss sua sponte under Rule 12(b)(6) of the Federal Rules of Civil Procedure in a civil case … | ||
| 24A1096 | Sonal N. Desai v. David Steiner, Postmaster General | Fourth Circuit | 2025-05-15 | Presumed Complete | civil-rights employment-discrimination federal-employee motion-to-dismiss rehabilitation-act title-vii | Question not identified. | |
| 24-7211 | Jeffrey Spivack v. United States | Eleventh Circuit | 2025-05-15 | Denied | Response WaivedRelisted (2)IFP | appellate-procedure certificate-of-appealability court-of-appeals federal-rules-criminal-procedure motion-to-dismiss notice-of-appeal | The Eleventh Circuit has misapprehended the scope and fundamental nature of Petitioner's appeal: Petitioner filed an appeal contesting the district co… |
| 24-1096 | James William Hall v. Dorain Davis, et al. | Sixth Circuit | 2025-04-22 | Denied | Response Waived | civil-procedure constitutional-rights court-extension default-judgment motion-to-dismiss summons-service | WHERE DEFENDANTS VIOLATES SUMMON IN CIVIL ACTION RULE 12(B)(4) OF THE FEDERAL RULES OF CIVIL PROCEDURE WITHIN 21 DAYS DEFENDANT ANSWERED IN 42 DAYS SE… |
| 24-1052 | Open Justice Baltimore, et al. v. Baltimore City Law Department, et al. | Fourth Circuit | 2025-04-07 | Denied | Amici (1)Response Waived | alternative-explanation burden-of-proof civil-procedure motion-to-dismiss plausibility-threshold pleading-standard | Whether a defendant who offers a competing alternative explanation for conduct alleged in a plaintiff's complaint bears the burden of showing that the… |
| 24-996 | Tammy M. Harvey, et al. v. Bayhealth Medical Center, Inc. | Third Circuit | 2025-03-19 | Denied | Response RequestedResponse WaivedRelisted (2) | circuit-split employment-discrimination federal-rules-civil-procedure motion-to-dismiss religious-accommodation title-vii | Title VII of the Civil Rights Act of 1964 generally prohibits an employer from discharging an individual "because of such individual's . . . religion.… |
| 24-896 | Wei Qiu v. Board of Education of Oldham County, Kentucky | Sixth Circuit | 2025-02-20 | Denied | Response Waived | due-process employment-law equal-protection motion-to-dismiss racial-discrimination title-vii | 1. Can a complaint allege direct violation of Title VII? 2. Should the case go back to the district court to discover the hiring information the empl… |
| 24-895 | Wei Qiu v. Board of Education of Oldham County, Kentucky | Sixth Circuit | 2025-02-20 | Denied | Response Waived | civil-rights due-process equal-protection motion-to-dismiss prima-facie-case title-vii | 1. Should the evidence attached to the response to the motion to dismiss be declined? 2. Does the complaint meet the standard "state a claim to relie… |
| 24-6557 | Steve Rosado v. United States | Second Circuit | 2025-02-13 | Denied | Response WaivedRelisted (2)IFP | attempted-enticement criminal-statute government-overreach motion-to-dismiss statutory-interpretation trial-court-error | WHETHER THE TRIAL COURT COMMITTED CLEAR ERROR DENYING THE MOTTON TO DISMISS THE INDICTMENT DUE TO LACK OF PERSUASION FOR THE ATTEMPTED ENTICEMENT? WH… |
| 24-6253 | Victor Clayton v. United States | Third Circuit | 2025-01-08 | Denied | Response WaivedIFP | criminal-procedure motion-to-dismiss motion-to-withdraw plea-agreement rule-12 sex-trafficking | 1. Did the district court err in denying defendant's motion to dismiss pursuant to federal Rule of Criminal Procedure 12 (b)(3) counts One and Two of … |
| 24-6111 | Junior Standly Martinez-Martinez v. United States | Ninth Circuit | 2024-12-10 | Denied | Response WaivedIFP | criminal-procedure indictment judicial-review legal-error motion-to-dismiss | Whether The Denial Of Mr. Martinez's Motion To Dismiss The Indictment Was Erroneous? |
| 24-5895 | Jonathan Godwin v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2024-11-01 | Denied | Response WaivedIFP | district-court due-process judicial-discretion motion-to-dismiss relief-from-judgment rule-60-motion | 1. Whether a District Court abuse its discretion by dismissing a Rule 60(b)(4) Motion for Relief from Judgment alleging a due process violation? |
| 24-5789 | Saretta Mildred Gross v. United Parcel Service, et al. | Eleventh Circuit | 2024-10-21 | Denied | Response WaivedRelisted (2)IFP | collective-bargaining employment-discrimination jurisdiction motion-to-dismiss pro-se-plaintiff sexual-harassment | Petitioner Original complaints alleged that her supervisors sexually harassed her on a regular basis then retaliated when she reported their harassmen… |
| 24-5642 | Nawaz Ahmed v. Bill Cool, Warden | Sixth Circuit | 2024-09-26 | Denied | IFP | appellate-jurisdiction federal-civil-procedure finality-of-judgment habeas-corpus motion-to-dismiss voluntary-dismissal | Is Court of Appeals lack Appellate Jurisdiction to proceed in appeal case 21-3542 by CO A on some claim because district court Orders (Ecf. 156,194) l… |
| 24-5096 | Steven C. Levi v. Anchorage School District, et al. | Ninth Circuit | 2024-07-17 | Denied | IFP | civil-procedure discovery discovery-rights dismissal due-process interrogatories judicial-discretion motion-to-dismiss procedural-due-process standing summary-judgment | Can a case be dismissed without allowing Discovery and Interrogators? |
| 24-30 | John Garland, et al. v. New York City Fire Department, et al. | Second Circuit | 2024-07-11 | Denied | Response Waived | civil-procedure discovery due-process employment-law federal-rules motion-to-dismiss plausibility plausibility-requirement pleading-standards pleadings | 1. When are pleadings sufficient to state a claim under the standard set in Ashcroft v. Iqbal, 556 U.S. 662 (2009) and applied in a broader context in… |
| 23-7677 | Daniela Bowman v. Cordelia Friedman | Tenth Circuit | 2024-06-10 | Denied | Response WaivedIFP | compulsory-production due-process due-process-clause equal-protection equal-protection-clause evidentiary-hearing fourth-amendment judicial-review motion-to-dismiss oklahoma-press-publishing-co-v-walling statutory-interpretation | It is a public record that petitioner is the only taxpayer in New Mexico who was deprived of property but denied due process evidentiary hearing when … |
| 23-1238 | Chinyere Ogbonna-McGruder v. Austin Peay State University, et al. | Sixth Circuit | 2024-05-24 | Denied | Response Waived | civil-procedure civil-rights color-of-state-law employment-law hostile-work-environment motion-to-amend motion-to-dismiss notice-pleading reasonable-person retaliation retaliation-claim | Whether Petitioner's claim for retaliation required her to prove she suffered severe or pervasive conduct by her supervisor rather than conduct which … |
| 23-7502 | Kevin Day v. United States | Fourth Circuit | 2024-05-17 | Denied | Response WaivedIFP | 4a1.3(b) criminal-history district-court-discretion downward-departure fourth-circuit motion-to-dismiss sentencing-guidelines variance-sentence | I. Whether the District Court abused its discretion by failing to give Mr. Day a variance sentence and a shorter period of incarceration based upon a … |
| 23-7492 | Trezith Rashad Smart v. United States | Fourth Circuit | 2024-05-17 | Denied | Response WaivedRelisted (2)IFP | federal-rules-of-evidence findings fourth-circuit-court judicial-error motion-to-dismiss prior-inconsistent-statement speedy-trial-act witness-impeachment zedner-v-united-states | Whether the Fourth Circuit Appellate Court commit clear or plain error, relying on findings made 6 days after Judge orally ruled on motion to dismiss… |
| 23A1015 | Christina Brown v. Amazon Headquarters, LLC, et al. | Fourth Circuit | 2024-05-15 | Presumed Complete | appellate-review civil-procedure corporate-defendant motion-to-dismiss pro-se wrongful-death | Question not identified. | |
| 23-7486 | Edgar Vazquez v. United States | Eleventh Circuit | 2024-05-15 | Denied | Response WaivedIFP | appellate-review criminal-procedure due-process evidentiary-hearing motion-to-dismiss motion-to-suppress standard-of-review | I. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT ERRED IN AFFIRMING THE DISTRICT COURT'S DENIAL OF VAZQUEZ' MOTION TO DISMISS… |
| 23-7353 | Noel Vincent Thomas v. North Carolina Mutual Life Insurance Company, et al. | Eleventh Circuit | 2024-05-02 | Denied | Response WaivedIFP | abuse-of-discretion civil-procedure failure-to-state-a-claim failure-to-state-claim federal-rules in-forma-pauperis motion-to-dismiss res-judicata sovereign-immunity | 1) WHETHER THE TRIAL COURT ERRED AS A MATTER OF LAW BY DISMISSING THE COMPLAINT BASED UPON THE CLAIMS THAT THE PETITIONER FAILED TO STATE A CLAIM, FA… |
| 23-1178 | First Floor Living, LLC v. City of Cleveland, Ohio, et al. | Sixth Circuit | 2024-05-01 | Denied | Response Waived | circuit-split civil-procedure discovery discovery-rights due-process evidentiary-standards federal-rules-of-civil-procedure legal-procedure motion-to-dismiss summary-judgment trial-court-discretion | I. Whether a trial court may enter summary judgment —other than on purely legal grounds — against a party when the court has not allowed that party to… |
| 23-7336 | Weili Cao-Bossa v. New York State Department of Labor | Second Circuit | 2024-04-29 | Denied | Response WaivedIFP | civil-procedure due-process factual-errors genuine-issues judicial-discretion legal-errors legal-merits motion-to-dismiss procedural-technicality summary-judgment | Can summary judgment be granted solely on failure to respond timely or not in detail? Should summary judgment be awarded on the merits of the motion … |
| 23-7286 | Francis Arthur v. United States | Fourth Circuit | 2024-04-23 | Denied | Response WaivedIFP | brady-v-maryland brady-violation criminal-procedure deportation due-process exculpatory-evidence fourth-circuit material-witness motion-to-dismiss witness-deportation | 1. Whether the Fourth Circuit erred in affirming the district court's denial of Arthur's motion to dismiss the indictment because the Government depor… |
| 23-7130 | In Re William Graven | 2024-04-02 | Denied | IFP | appeals-court appellate-procedure circuit-court dismissal judicial-error judicial-oversight judicial-review mandamus motion-to-dismiss orders panel | TAKING THE HIGH ROAD : My Appeals Panel of 3 Circuit Judges accidentally missed that the District Court Judge had issued 2 Orders, each on different l… | |
| 23-1040 | Scott Smith v. Entrepreneur Media, Inc. | Ninth Circuit | 2024-03-20 | Denied | appeal civil-procedure federal-statute judgment-renewal motion-to-dismiss ninth-circuit renewal-of-judgment state-law | Did the United States Court of Appeals for the Ninth Circuit err in granting Respondent's Motion to Dismiss Appeal by failing to consider Petitioner's… | |
| 23-1025 | D.L. Markham DDS, MSD, Incorporated 401(K) Plan, et al. v. Variable Annuity Life Insurance Company | Fifth Circuit | 2024-03-18 | Denied | Response Waived | 29-usc-1106 29-usc-1108 amendment-opportunity erisa-plan exemptions judicial-discretion motion-to-dismiss prohibited-transactions service-provider statutory-prohibition | 1. What transactions between an ERISA plan and a service provider are prohibited by 29 U.S.C. § 1106(a)(1)(C) unless exempt under 29 U.S.C. § 1108(b)(… |
| 23-7007 | Howard T. Tyson, Sr. v. Kris Y. Lee, et al. | District of Columbia | 2024-03-15 | Denied | Response WaivedIFP | 7th-amendment civil-procedure constitutional-rights due-process evidence-standard judicial-orders judicial-procedure motion-to-dismiss pleadings pro-se-appellant standing | 1. WHY DOES THE COURTS FAIL TO FOLLOW OPINIONS OF THE SUPREME COURT WICH SAYS. WHEN A PRO SE APPELLANT ARE FACES WITH A MOTION TO DISMISS. IT IS APPRO… |
| 23-6614 | Kathy Allen v. Arthur Allen, et al. | North Carolina | 2024-01-30 | Denied | Response WaivedRelisted (2)IFP | appeals civil-procedure constitutional-rights court-of-appeals due-process estate-litigation motion-to-dismiss standing state-law supreme-court | 1. Whether NCCOA and NCSC - Improperly Deny Appellant's Motions for R. 33 Notice of Representation and is of National Interests to Litigation 2. Whet… |
| 23-6613 | Kathy Allen v. Arthur Allen, et al. | North Carolina | 2024-01-30 | Denied | Relisted (2)IFP | appellate-procedure appellate-rules civil-procedure constitutional-rights court-rules due-process estate-litigation motion-to-dismiss national-interest north-carolina standing | Did the NCCOA and NCSC - Improperly Deny Appellant's Motions for R. 33 Notice of Representation or was violation of the appellate rules and is of Nati… |
| 23A684 | Sabrina Gibson v. Thomas F. Roupas, Jr., et al. | Fourth Circuit | 2024-01-24 | Presumed Complete | civil-procedure federal-courts motion-to-dismiss pleading-standard rule-12b6 sufficiently-alleged | Question not identified. | |
| 23-780 | Eugene Misquith v. St. Mary's Medical Center | Florida | 2024-01-18 | Denied | Response WaivedRelisted (2) | appellate-procedure florida-constitution florida-statute judicial-review jurisdiction jurisdiction-decline legal-process motion-to-dismiss standing | DID THE SUPREME COURT OF FLORIDA, BY DE CLINING JURISDICTION IN THIS CASE: 1. INVALIDATE THE LAW ITSELF WHEN IT DID NOT ASSUME MANDATORY JURISDICTIO… |
| 23A594 | Joseph Randolph Mays v. United States | Fourth Circuit | 2023-12-28 | Presumed Complete | appellate-review district-court federal-tort-claims-act motion-to-dismiss pro-se-litigant procedural-default | Question not identified. | |
| 23-6148 | Lawrence Jeffrey Brooks v. United States | Fourth Circuit | 2023-12-01 | Denied | Response WaivedIFP | appellate-procedure civil-procedure district-court drug-quantity due-process judicial-discretion judicial-transfer motion-to-dismiss sentencing sentencing-enhancement standard-of-review transfer-of-venue | I. Whether the District Court erred by transferring the case back to the original District Court Judge after the case was reassigned to another Distri… |
| 23-515 | Amory Investments LLC, et al. v. Utrecht-America Holdings, Inc., et al. | Seventh Circuit | 2023-11-15 | Denied | circuit-split civil-procedure federal-rules federal-rules-of-civil-procedure judicial-discretion motion-to-dismiss procedural-rights rule-12(b)(6) rule-56 summary-judgment | Is the Seventh Circuit correct in its view (contrary to that of other courts of appeals) that a district court may, in response to a motion made pursu… | |
| 23-463 | Elizabeth Brokamp v. Letitia James, Attorney General of New York, et al. | Second Circuit | 2023-11-02 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | circuit-split content-based content-based-regulation evidence first-amendment intermediate-scrutiny licensing-scheme motion-to-dismiss talk-therapy | In Reed v. Town of Gilbert, this court held that laws that "defin[e] regulated speech by particular subject matter" are "obvious[ly]" content-based an… |
| 23-459 | Mark Sami Ibrahim v. United States | District of Columbia | 2023-11-01 | Denied | Response WaivedRelisted (2) | administrative-procedure federal-law-enforcement federal-officer interlocutory-appeal law-enforcement-immunity motion-to-dismiss qualified-immunity regulation statute statutory-interpretation | Whether DEA Special Agent Mark Sami Ibrahim raised a colorable claim of a legislated immunity in the text of the statute and regulation granting Feder… |
| 23-412 | Seneca Lovett Engel v. Derek Engel, et al. | Eighth Circuit | 2023-10-19 | Denied | Response Waived | civil-procedure civil-rights civil-rights-statute conspiracy-claim due-process federal-rules-procedure iqbal judicial-review motion-to-dismiss pleading-standard pleading-standards twombly | Whether claims for conspiracy under 42 U.S.C. § 1985(3) and § 1983 are sufficiently stated under Fed. Rule Civ. P. 8(2), so as to survive a Rule 12(b)… |
| 23-378 | Joel Douglas, et al. v. David Hirshon, et al. | First Circuit | 2023-10-11 | Denied | civil-procedure district-court extrinsic-documents extrinsic-evidence judicial-discretion legal-procedure motion-to-dismiss pleadings public-records standard-of-review | Was the District Court required to consider extrinsic documents that were public records, or not directly challenged by anyone attached to the Respons… | |
| 23-5685 | In Re Bobby Richardson | 2023-10-02 | Denied | Response WaivedIFP | civil-procedure court-jurisdiction federal-procedure jurisdiction mandamus motion-to-dismiss non-discretionary-duty rule-12b1 standing subject-matter subject-matter-jurisdiction writ-of-certiorari | IS PETITIONER ENTITLED TO IMMEDIATE RELIEF, INCLUDING A WRIT OF MANDAMUS FROM THIS COURT, TO COMPEL THE LOWER COURT(S) TO ADJUDICATE PETITIONER'S FED.… | |
| 23-5564 | Trent Steven Griffin, Sr. v. United States District Court for the Northern District of Texas | Fifth Circuit | 2023-09-13 | Denied | IFP | abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process federal-rules federal-rules-of-civil-procedure judicial-discretion jury-trial motion-to-dismiss procedural-misconduct standing | 1. Whether Honorable Jorge Solis (retired), and now Honorable Ed Kinkeade, District Court Judge, had the power or authority or there was an abuse of d… |
| 23-5342 | Roger Rachon Cooley v. United States | Eighth Circuit | 2023-08-11 | Denied | Response WaivedIFP | barker-test barker-v-wingo constitutional-rights four-factor-balancing-test judicial-review motion-to-dismiss negligence prejudice sixth-amendment speedy-trial | Did the lower courts err in analyzing the four factor balancing test outlined in Barker v. Wingo, 407 U.S. 514, (1972) when they denied Mr. Cooley's m… |
| 23-5270 | Justin Lewis v. United States | Eleventh Circuit | 2023-08-03 | Denied | Response WaivedIFP | appellate-jurisdiction constitutional-violation criminal-procedure double-jeopardy due-process eighth-amendment fifth-amendment fourteenth-amendment good-faith-appeal motion-to-dismiss | Question not identified. |
| 22-7811 | Trent S. Griffin, Sr. v. American Zurich Insurance Company, et al. | Fifth Circuit | 2023-06-16 | Denied | Response WaivedIFP | 60b-motion abuse-of-discretion affirmative-defense appellate-review full-faith-and-credit jurisdiction motion-to-dismiss plea-to-the-jurisdiction res-judicata | Pursuant to the Full Faith and Credit, whether an unauthenticated judgment have res judicata affects as an affirmative defense provided in memoranda o… |
| 22-7761 | Aaron Keith v. United States | Tenth Circuit | 2023-06-12 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | appellate-review court-of-appeals criminal-procedure federal-courts judicial-procedure motion-to-dismiss speedy-trial statutory-right trial-continuance waiver | Whether the court of appeals erred in holding that petitioner waived any speedy-trial objection to the period of delay after his motion to dismiss for… |
| 22-7748 | Mike Webb v. James Christian Kimmel, et al. | Fourth Circuit | 2023-06-09 | Denied | IFP | abuse-of-discretion civil-procedure default-judgment discretionary-power evidence-exclusion federal-rules-of-civil-procedure federal-rules-of-evidence judicial-review motion-to-dismiss rico rico-statute | As a rule, it is generally clear that "[u]nless another time is specified by this rule or a federal statute, the time for serving a responsive pleadin… |
| 22-1128 | Amos N. Jones v. Campbell University, et al. | Fourth Circuit | 2023-05-19 | Denied | administrative-law civil-procedure deposition discovery dismissal due-process federal-rules judicial-discretion motion-to-dismiss sanctions standing | Did the United States Court of Appeals for the Fourth Circuit err in upholding the United States District Court for the Eastern District of North Caro… | |
| 22-7441 | Colette Claire Savage v. Mark Savage | Ninth Circuit | 2023-05-02 | Denied | Response WaivedIFP | administrative-procedure civil-procedure civil-rights due-process government-corruption judicial-discrimination motion-to-dismiss pro-se pro-se-litigation standing | 1. Are motions to dismiss used administratively to hastily dispose of meritorious and government corruption cases especially targeting pro se litigant… |
| 22-959 | Gwendolyn Carswell, Individually and as Dependent Administrator of and on Behalf of the Estate of Gary Valdez Lynch, III and Gary Valdez Lynch, III's Heirs at Law v. George A. Camp, et al. | Fifth Circuit | 2023-04-03 | Denied | Response RequestedResponse WaivedRelisted (2) | civil-procedure civil-rights discovery immediate-appeal interlocutory-appeal motion-to-dismiss procedural-law qualified-immunity standing | 1. Whether a district court can defer ruling on qualified immunity at the motion-to-dismiss stage without triggering an immediate appeal. 2. Whether … |
| 22-689 | Rochelle Y. Driessen v. Barclays Bank, PLC | Eleventh Circuit | 2023-01-25 | Denied | 12(b)(6) 12b6-motion circuit-court-opinion civil-procedure conflict-with-precedent dismissal frivolous frivolous-complaint judicial-review motion-to-dismiss standing | WHETHER THE 11™ CIRCUIT ENTERED THE INCORRECT DECISION IN ITS AUGUST 2, 2022, OPINION OF THE COURT IN ITS AFFIRMANCE OF THE DISTRICT COURT 'S DENIAL O… | |
| 22-610 | Warren Adam Taylor v. Augusta-Richmond County Consolidated Commissioners, et al. | Eleventh Circuit | 2023-01-04 | Denied | case-controversy civil-procedure civil-rights due-process fourteenth-amendment jurisdiction motion-to-dismiss public-interest qualified-immunity standing statute-of-limitations | 1. Does Congress give this Court the authority under 28 U.S.C. 1292(e) to review the Fourteenth Amendment mandates under the case or controversy juris… | |
| 22-6393 | Xavier Milton Earquhart v. United States | Fourth Circuit | 2022-12-27 | Denied | Response WaivedIFP | due-process fair-trial federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-review mandate-rule motion-to-dismiss sixth-amendment standing subject-matter-jurisdiction | If subject matter jurisdiction does not affirmatively appear in the record, is the judgement valid? Does the court have an obligation to determine wh… |
| 22-573 | BRFHH Shreveport LLC, dba University Health Shreveport v. Willis-Knighton Medical Center, dba Willis-Knighton Health System | Fifth Circuit | 2022-12-21 | Denied | Response RequestedResponse WaivedRelisted (2) | antitrust-law circuit-split motion-to-dismiss plausibility-standard pleading-standards rule-12(b)(6) section-1 sherman-act twombly | May a Section 1 claim be dismissed pursuant to Fed. R. Civ. P. 12(b)(6), consistent with Twombly, based on evidence suggesting an alternative, non-con… |
| 22-456 | Lynett S. Wilson v. Denis R. McDonough, Secretary of Veterans Affairs, et al. | First Circuit | 2022-11-15 | Denied | appellate-review circuit-split civil-procedure federal-rules federal-rules-of-civil-procedure motion-to-dismiss waiver | Whether a complaint that states a claim may be dismissed on the grounds that a plaintiff waived an argument against dismissal by failing to make the a… | |
| 22-5965 | Michael C. Smart v. Prime Mortgage & Escrow, LLC, et al. | Texas | 2022-11-01 | Denied | Response WaivedIFP | 42-usc-1981 civil-rights civil-rights-statute due-process federal-pleading-standard federal-procedure motion-to-dismiss pleading-standards preemption prima-facie-case supremacy-clause | Texas Rule of Civil Procedure 91a (Rule 91a) Dismissal of Baseless Cause of Action, became effective March 1, 2013, and suppose to be similar to Feder… |
| 22-5618 | Ronald J. Brooking v. Prince George's County, Maryland | Maryland | 2022-09-20 | Denied | Relisted (3)IFP | circuit-court civil-procedure court-order due-process judicial-review legal-error maryland-law maryland-rules motion-to-dismiss relief-denial standing supreme-court | 1 - Did I'll £ G rcuuL CouLrt err when Orci-er De-dcudV? Did Dk«_ C\retted Court err o-kcI not CLp^t-y W^ lUary(aid ?i uDi o f Q w i l^r^ C-ec/ id. … |
| 22-5395 | Michael Gorrio v. Correctional Officer Francis, et al. | Third Circuit | 2022-08-19 | Denied | IFP | appellate-procedure civil-rico civil-rico-conspiracy civil-rights constitutional-rights due-process judicial-review motion-to-dismiss standard-of-review well-pleaded-facts | I. DID THE APPELLANT'S AMENDED COMPLAINT OF 43 PRESENT SUB-SECTION WELLPLEADED FACTS, AS TO PLAUSIBLY STATE A CLAIM TO SUPPORT THE COURT TO OVERCOME M… |
| 22-112 | Simonetta Vespucci Sutton v. Mountain High Investments, LLC, et al. | Sixth Circuit | 2022-08-04 | Denied | civil-procedure district-court due-process federal-courts federal-jurisdiction judgment-amendment jurisdiction motion-to-dismiss motion-to-remand removal standing | A. Whether The District Court Erred In Denying Petitioner's Motion To Remand When The Respondent, Realty Shares Had Failed To Meet The Statutory Requi… | |
| 22-24 | Vincent Gabriel v. El Paso Combined Courts, et al. | Tenth Circuit | 2022-07-08 | Denied | Response Waived | amendment civil-procedure civil-rights constitutional-rights dismissal due-process judicial-immunity motion-to-dismiss prejudice prosecutorial-immunity standing | 1) Is it appropriate for a trial court to dismiss a complaint with prejudice prior to allowing an individual at least one opportunity to amend the com… |
| 22-16 | Business Exposure Reduction Group (BERG) Associates, LLC v. Pershing Square Capital Management, L.P. | Second Circuit | 2022-07-06 | Denied | Response Waived | 12(b)(6) civil-procedure dismissal inference-drawing inferences judicial-discretion motion-to-dismiss pleading-standard pleadings rule-12b6 state-of-mind twombly-standard | Whether the courts below deviated from and disregarded this Court's holding in Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007), by granting dismissal … |
| 22-5041 | Bradley B. Miller v. Virginia Talley Dunn | Texas | 2022-07-06 | Denied | IFP | attorney-fees bias civil-procedure constitutional-rights due-process fraud motion-to-dismiss texas-rules-civil-procedure trial-court-judgment void-judgment want-of-prosecution | 1) Whether the trial court judgments were the result of fraud, and are thus void; and whether such a judgment violates Due Process. 2) Whether the tr… |
| 21-8022 | William Dew v. S. Columbia Terrace, LLC, et al. | Third Circuit | 2022-06-01 | Denied | Relisted (2)IFP | circuit-split civil-procedure civil-rights discrimination due-process factual-deficiencies motion-to-dismiss neitzke-v-williams pleadings pro-se sua-sponte | 1. Whether the district court may dismiss a non-prisoner pro se complaint sua sponte basis of factual deficiencies in complaint or must wait until def… |
| 21-7843 | Tina Marie Bradford v. Los Angeles County Office of Education, et al. | Ninth Circuit | 2022-05-11 | Denied | Response WaivedRelisted (2)IFP | civil-procedure due-process intermediate-scrutiny motion-practice motion-to-dismiss oral-argument procedural-due-process standing substantive-due-process trial-by-jury | 1. Plaintiff-Appellant questions whether Due Process Clause of the Constitution (Substantive Due Process) entitlement to trial by jury, the right to o… |
| 21-1365 | Moulay Tidiri v. The Board of Regents, et al. | Eighth Circuit | 2022-04-20 | Denied | Response Waived | administrative-law administrative-procedure civil-rights due-process fabricated-document fraud judicial-review motion-to-dismiss post-tenure-review standing | The Board of Regents ' decision to terminate Petitioner 's tenured professorship relied substantially on a 2012 Post-Ten- Review Report ("PTR ") of Pe… |
| 21-7534 | Alan L. Gallagher v. Capella Education Company, et al. | Ninth Circuit | 2022-04-05 | Denied | Response WaivedIFP | arbitrary-capricious civil-procedure contract contract-disclaimer contract-elements educational-malpractice failure-to-state-cause-of-action motion-to-dismiss reciprocity standing university-immunity | Are elements of contract properly pied (to survive motion to dismiss for failure to state cause of action)? Should universities have immunity under d… |
| 21-1314 | United States, ex rel. Hassan Foreman v. AECOM, et al. | Second Circuit | 2022-04-01 | Denied | Response Waived | 31-usc-3729 common-law false-claims-act fraud-prevention government-claims materiality motion-to-dismiss qui-tam statutory-interpretation | Is materiality an element of all claims brought under 31 U.S.C. § 3729(a)(1)(A) when neither the common law nor the text of the statute support such a… |
| 21-1209 | Jennifer B. Miller v. The Bank of New York Mellon, Successor to JPMorgan Chase Bank, National Association, et al. | Sixth Circuit | 2022-03-04 | Denied | Response Waived | civil-procedure due-process federal-rules federal-rules-of-civil-procedure free-speech judicial-review motion-to-dismiss pleading-standards standing summary-judgment | A. WHETHER THE DISTRICT COURT ERRED IN RULING THAT COUNTS II, III, V, VI, VIII and IX SHOULD BE DISMISSED PURSUANT To FED.R.CIV. P. 12(B)(6)? B. WHET… |
| 21-1082 | Tarresse Leonard v. United States | Eleventh Circuit | 2022-02-04 | Denied | criminal-procedure essential-element harmless-error indictment judicial-review motion-to-dismiss structural-error | Whether the erroneous denial of a timely raised motion to dismiss an indictment omitting an essential element is structural error requiring dismissal … | |
| 21-7027 | Raul Mendez v. Ada County, Idaho, et al. | Ninth Circuit | 2022-02-01 | Denied | IFP | administrative-procedure civil-procedure civil-rights due-process equal-protection-clause frcp-12(b)(6) mandatory-services motion-to-dismiss pro-se property-tax-lien standing | 1) Is a Motion to Dismiss pursuant to FRCP 12(b) (6) a ruling on a question of law? If so, is this Motion inappropriate when applied to Pro se complai… |
| 21-1018 | Nicole Colton v. Fehrer Automotive, North America, LLC | Eleventh Circuit | 2022-01-19 | Denied | ada ada-amendments-act ada-amendments-act-of-2008 disability disability-discrimination motion-to-dismiss pleading reasonable-accommodation regarded-as-disabled short-stature standing | 1. Whether Colton's short stature could plausibly be a disability covered by the Americans with Disabilities Act 1990, as amended by the ADA Amendm… | |
| 21-6906 | Samantha J. Jackson v. AT&T Retirement Savings Plan, et al. | Fifth Circuit | 2022-01-19 | Denied | Response WaivedIFP | civil-procedure de-novo-review employer-capacity erisa erisa-fiduciary-duty fiduciary-duty motion-to-dismiss plan-amendment plan-sponsor settlors-function two-hats-doctrine | Question 1: Did the district court requiree the Defendants to adhere to the rules regarding a Motion12(b)(6) which prohibits claims asserted in a prio… |
| 21-864 | Geoffrey M. Young v. Garland "Andy" Barr | Kentucky | 2021-12-10 | Denied | ballot-challenge civil-procedure due-process judicial-review kentucky-law kentucky-revised-statutes motion-to-dismiss motion-to-set-aside standing statutory-interpretation | On June 22, 2020, 1 filed a ballot challenge against U.S. Representative Andy Barr pursuant to KRS (Kentucky Revised Statutes) 118.176. It was never d… | |
| 21-778 | Selina Marie Ramirez, et al. v. Jeremias Guadarrama, et al. | Fifth Circuit | 2021-11-24 | Denied | Amici (1)Relisted (16) | civil-rights constitutional-rights due-process excessive-force mental-health-crisis motion-to-dismiss police-conduct qualified-immunity section-1983 summary-judgment | To defeat a motion to dismiss in a Section 1983 suit alleging that officers used excessive force, must plaintiffs plead as an element of their claim t… |
| 21-6094 | Jabari J. Johnson v. Lewis T. Babcock, Senior Judge, United States District Court for the District of Colorado | Tenth Circuit | 2021-10-27 | Denied | IFP | abuse-of-discretion civil-procedure due-process frcp-12(c) motion-to-dismiss standing | 1. Plamtiff ask the supreme Court did the distrnt Court abise their deseretiin regarding Issve A ? or was the Distrit Court Ciearly Erroneous? 2. Pla… |
| 21-599 | Margaret L. Kinney v. HSBC Bank USA, N.A. | Tenth Circuit | 2021-10-26 | Denied | CVSGAmici (1)Response RequestedResponse WaivedRelisted (3) | bankruptcy bankruptcy-court chapter-13 completion-discharge debtor-rights discharge modification motion-to-dismiss payment plan plan-modification | Should certiorari be granted to resolve the conflict among the courts of appeals as to whether a bank-ruptcy court may deny a motion to dismiss and/or… |
| 21-595 | Bruce Alexander v. Anheuser-Busch, L.L.C., et al. | Fifth Circuit | 2021-10-25 | Denied | Response Waived | civil-procedure due-process employee-contacts federal-rules in-rem-jurisdiction motion-to-dismiss personal-jurisdiction sales subject-matter-jurisdiction | 1. Did the Western District Court erred by not allowing the Declaration by Kristin M. Byrne, an employee of Anheuser-Busch, LLC, et.al. be considered … |
| 21-5661 | Raymond Moya v. United States | Tenth Circuit | 2021-09-14 | Denied | Response WaivedIFP | causation causation-of-death criminal-law criminal-procedure drug-distribution evidence evidence-suppression expert-testimony motion-in-limine motion-to-dismiss | PROPOSITION ONE: Whether the District Court erred in denying Moya's Motion to Dismiss Count 2 in that there was insufficient evidence that the heroin … |
| 21-303 | Vignaraj Munsami Pillay v. Public Storage Inc. | Florida | 2021-08-30 | Denied | Relisted (2) | breach-of-contract civil-procedure civil-rights corporate-liability due-process evidence exculpatory-clause motion-to-dismiss negligence property-damage standing tenant-rights | (i) - Can a motion to dismiss a complaint using citations out of context from distinguishable cases,polished and crafted , and completely unrelated t… |
| 21-280 | Amy Harrison v. Kevin Lilly, et al. | Fifth Circuit | 2021-08-25 | Denied | Response Waived | civil-procedure federal-rules-civil-procedure frcp-12(b)(6) iqbal judicial-review motion-to-dismiss plausibility-standard pleadings pleadings-stage standard-of-review twombly | Therefore the question presented is whether the District Court and the Court of Appeals failed to follow this well settled standard and dismissed this… |
| 21-157 | Anderson & Anderson LLP-Guangzhou, et al. v. North American Foreign Trading Corporation | Second Circuit | 2021-08-04 | Denied | Response Waived | amended-complaint appellate-review civil-procedure district-court federal-jurisdiction foreign-trading motion-to-dismiss second-circuit standing | Whether the United States Court of Appeals for the Second Circuit erred when it affirmed the United States District Court for the Southern District of… |
| 20-1818 | Ashlee R. Hull, Individually and in Her Capacity as Co-Executrix of the Estate of John Edward Hull, Sr., et al. v. Muhammed Samar Nasher-Alneam, et al. | West Virginia | 2021-06-30 | Denied | Response Waived | 14th-amendment civil-rights court-precedent due-process motion-to-dismiss standing suicide suicide-litigation wrongful-death | 1. Whether the denial of a person's right to pursue litigation based solely on the fact that the person died via suicide is a violation of the 14th Am… |
| 20-1724 | David James Murphy v. Citigroup Global Markets, Inc., et al. | New York | 2021-06-14 | Denied | Response WaivedRelisted (3) | arbitrability arbitration-agreement civil-procedure contract-law cross-motion delegation-clause motion-to-dismiss res-judicata | (1) There is an arbitration agreement and it contains a delegation clause. Respondents argued that Petitioner's claims are subject to arbitration, und… |
| 20-8283 | Omar Sierre Folk v. United States | Third Circuit | 2021-06-14 | Denied | Response WaivedIFP | amended-complaint civil-procedure civil-rights due-process motion-to-dismiss standing | 1. Whether Petitioner Amend Complaintinder iscoo) Motion InAInitial S 2asscteD proceeding is subrect to second or Successive pending final order of Ce… |
| 20-1713 | Symon B. Mandawala v. Era Living, LLC, et al. | Washington | 2021-06-10 | Denied | Relisted (2) | 14th-amendment 42-usc-1985 attorney-client-doctrine civil-procedure civil-rights criminal-law due-process equal-protection motion-to-dismiss service-of-process | As of Matter of Equal Protection Clause in the 14th Amendment right of the U.S constitution^ (1)(a) while racially civil rights action is pending, wi… |
| 20-8144 | Tamara Rouhi v. Kettler, et al. | Fourth Circuit | 2021-05-26 | Denied | Response WaivedIFP | appellate-review civil-procedure civil-rights district-court due-process federal-courts fourth-circuit injustice judicial-procedure motion-to-dismiss standing | 1. There has been no redress of my grievance. 2. The Defendants did not make a single valid point, but still prevailed in the case. That is unjust. … |
| 20-8145 | Tamara Rouhi v. Comcast Cable Communications, LLC | Fourth Circuit | 2021-05-26 | Denied | IFP | appellate-jurisdiction civil-procedure civil-rights district-court due-process federal-courts federal-procedure injustice judicial-review motion-to-dismiss standing | 1. There has been no redress of my grievance. 2. The Defendants did not make a single valid point, but still prevailed in the case. That is unjust. 3.… |
| 20-8148 | Mike Vigil v. Department of Housing and Urban Development | Ninth Circuit | 2021-05-26 | Denied | Response WaivedIFP | 7th-amendment civil-rights due-process fair-hearing federal-tort-claims-act motion-to-dismiss open-court-hearing pleading-defects rule-15-amendment sovereign-immunity standing summary-affirmance | Is this Document that I TRUSTWORTHY ?? My Question is the Below STATUTE Valid and Firm ?? My Question is the Amendments SUMMONS CONSTITUTION FEDERAL… |
| 20-1615 | Colin Masseau, et ux. v. Guy Henning, et al. | Vermont | 2021-05-19 | Denied | Response Waived | 9-usc-10(a)(3)&(4) arbitration-review contract-of-adhesion due-process federal-arbitration-act interstate-commerce intrastate-commerce manifest-disregard manifest-disregard-of-law motion-to-dismiss notice-pleading | Colin and Emily Masseau were a young couple looking to purchasing their first home and hired a local Vermont licensed home inspector to inspect that h… |
| 20-1602 | Cornelius S. Berry, et ux. v. Deutsche Bank National Trust Company, et al. | Sixth Circuit | 2021-05-18 | Denied | Response Waived | adjournment amend-complaint case-adjournment circuit-court-review civil-procedure complaint-amendment due-process judicial-discretion motion-to-dismiss procedural-dismissal standing | WHETHER THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRED IN AFFIRMING THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MICH… |
| 20-1577 | John S. Barth v. Adam Buckley, et al. | First Circuit | 2021-05-13 | Denied | Response Waived | civil-procedure due-process federal-rules-of-civil-procedure motion-to-dismiss pleadings standing | 1. Are the 120 paragraphs of detailed factual statements in the Complaint and Appendix, together with numerous public record exhibits of defendant p… |
| 20-7726 | James Ray Davis v. Gary Musselwhite, Warden | Eighth Circuit | 2021-04-12 | Denied | Response WaivedIFP | civil-rights constitutional-law criminal-procedure discovery due-process ineffective-assistance-of-counsel judicial-review legal-procedure motion-to-dismiss sentencing statutory-interpretation | Question not identified. |
| 20-7602 | Bienvenido Rodriguez, Jr. v. Ulli Klemm, et al. | Third Circuit | 2021-03-30 | Denied | IFP | appellate-procedure circuit-court civil-procedure civil-rights due-process ineffective-representation judicial-discretion legal-representation motion-to-dismiss procedural-due-process settlement-agreement standing | 1. DID THE THIRD CIRCUIT OF APPEALS ABUSE ITS DISCRETION SUSTAINING/AFFIRMING THE DISTRICT COURT'S ORDER BECAUSE NO SUBSTANTIAL QUESTION WAS PRESENTED… |
| 20-7281 | Michael J. Wright v. Mario Cardenas, et al. | Eleventh Circuit | 2021-03-01 | Denied | Response WaivedIFP | civil-procedure civil-rights failure-to-state-a-claim federal-rules-of-civil-procedure judicial-discretion motion-to-dismiss procedural-requirements rule-interpretation summary-judgment | The United States Court of Appeals for the 11th Circuit has entered a decision in conflict with relevant decisions of the United States Supreme Court.… |
| 20-7005 | Andre King v. Brian Kendall, Warden | Fourth Circuit | 2021-02-01 | Denied | Response RequestedRelisted (2)IFP | appellate-review civil-procedure district-court due-process federal-rules-of-civil-procedure judicial-procedure legal-error motion-to-dismiss procedural-discretion standing summary-dismissal | A. WHETHER THE COURT OF APPEALS ERRED AS A MATTER OF LAW IN ALLOWING THE DISTRICT COURT TO SUMMARILY DISMISS PETITIONER'S MOTION TO REOPEN A CASE PURS… |
| 20-1036 | Robert V. Bolinske v. Supreme Court of North Dakota, et al. | Eighth Circuit | 2021-01-29 | Denied | Response Waived | amendment-of-pleadings civil-procedure due-process first-amendment motion-to-dismiss rooker-feldman rooker-feldman-doctrine standing younger-abstention | 1. Did the District Court and Eighth Circuit Court of Appeals err in refusing to allow Appellant Bolinske the right to serve and file his proposed Ame… |
| 20-7001 | Aaron J. Bressi v. Jeffrey Brennen, et al. | Third Circuit | 2021-01-29 | Rehearing | Response WaivedRelisted (2)IFP | amendment civil-procedure due-process federal-rules free-speech judicial-discretion motion-to-dismiss pleading pleading-standards standing | 1. How does this Amended Complaint not 2. How does this Amended Complaint not be granted pursuant to Fed. R. Civ. P. 15(a)(2) which freely gives the … |
| 20-6779 | Leon Bright v. Angel Didios | Florida | 2021-01-05 | Denied | IFP | 14th-amendment civil-rights constitutional-rights due-process equal-protection evidentiary-hearing judicial-procedure motion-to-dismiss notice | Whether Defendants named above i.e., Lloyds of London 11c, Certain Underwriters 11c, Wow Burgers 11c, Checkers store 106, Checkers Drive-In Rest. Inc.… |
| 20-894 | Barbara Andersen v. Village of Glenview, Illinois, et al. | Seventh Circuit | 2021-01-05 | Denied | appellate-review civil-procedure due-process motion-to-dismiss motion-to-strike standing summary-judgment trial-court | Whether the trial court properly disregarded Andersen's Motion to Strike relative to the Motions to Dismiss filed by the Respondents herein. Whether … | |
| 20-786 | United States, ex rel. Gwendolyn Porter v. Magnolia Health Plan, Inc. | Fifth Circuit | 2020-12-09 | Denied | Response Waived | circuit-split civil-procedure false-claims-act materiality materiality-requirement motion-to-dismiss pleading-standard pleading-standards proof rule-12(b)(6) rule-12b6 | It is, or at least, was well established that in order to withstand a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a… |
| 20-6256 | Elet Valentine v. The PNC Financial Services Group, Inc., et al. | Tenth Circuit | 2020-11-09 | Denied | IFP | amendment civil-procedure dismissal federal-rules-of-civil-procedure interlocutory-appeal jurisdiction jurisdictional-transfer law-of-the-case motion-to-dismiss service-of-process | DID THE DISTRICT COURT ERR IN CONTINUING TRIAL COURT PROCEEDINGS WHEN IT WAS DIVESTED OF JURISDICTION ON JANUARY 8, 2019, AND CONFERRED TO THE TENTH C… |
| 20-6167 | Fareed Sepehry-Fard v. United States | Federal Circuit | 2020-10-29 | Denied | Response WaivedIFP | 28-usc-1653 arbitration-award civil-procedure compensatory-damages declaratory-relief federal-circuit federal-circuit-court henry-schein motion-to-dismiss standing summary-affirmance | Question not identified. |
| 20-6157 | Pedro Hernandez v. United States | Ninth Circuit | 2020-10-28 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure district-court due-process motion-to-dismiss prejudicial-error sixth-amendment | Did the district court prejudicially err denying petitioner's motion to dismiss based on Sixth Amendment violations? |
| 20-428 | Horacio Sequeira v. Republic of Nicaragua, et al. | Eleventh Circuit | 2020-10-05 | Denied | arbitration-clause breach-of-contract choice-of-forum choice-of-law commercial-arbitration commercial-contract contract-validity foreign-sovereign-immunities-act jurisdiction jurisdiction-waiver motion-to-dismiss | Section 1605(a)(1) of the Foreign Sovereign Immunities Act ("FSIA ") provides that a foreign state shall not be immune from the jurisdiction of U.S. C… | |
| 20-431 | John L. Corrigan, Sr. v. Grant County, Washington, et al. | Washington | 2020-10-05 | Denied | Response Waived | appellate-procedure appellate-review civil-procedure civil-rights due-process fifth-amendment motion-to-dismiss standing sua-sponte summary-judgment | Trial court granted stay of discovery for Motion to Dismiss only - stay not available for Summary Judgment. Motion to Dismiss was granted without conv… |
| 20-373 | Richard Lee Abrams v. Gavin Newsom, Governor of California | Ninth Circuit | 2020-09-23 | Denied | Response Waived | civil-rights constitutional-challenge discrimination due-process equal-protection judicial-bias judicial-discretion motion-to-dismiss standing state-action | 1. Did the district court and the Ninth Circuit abuse their discretion by not allowing Petitioner to even argue that the behavior of the Commission on… |
| 20-331 | Donald J. Trump, President of the United States v. District of Columbia, et al. | Fourth Circuit | 2020-09-14 | GVR | Amici (2)Relisted (2) | abuse-of-discretion district-court domestic-emoluments emoluments-clause foreign-emoluments interlocutory-appeal legal-error mandamus motion-to-dismiss presidential-immunity | 1. Whether a writ of mandamus is appropriate because, contrary to the holding of the court of appeals, the district court's denial of the President's … |
| 20-5550 | Robert Kelvin Lindbloom v. Manatee County, Florida, et al. | Eleventh Circuit | 2020-08-31 | Denied | IFP | civil-procedure civil-rights false-evidence legal-procedure motion-to-dismiss perjury qualified-immunity standing | Do specific and particular allegations of perjury and submitting false evidence overcome a presumption of qualified immunity in a Motion to Dismiss? |
| 20-208 | Liberty Mutual Fire Insurance Company v. Ethan Volungis, et al. | Ninth Circuit | 2020-08-21 | Denied | Response RequestedResponse WaivedRelisted (2) | amendment civil-procedure district-court federal-rules-of-civil-procedure leave-to-amend motion-to-dismiss represented-plaintiff rule-15 sua-sponte | When Liberty Mutual moved to dismiss Ethan Volungis's complaint alleging bad-faith handling of an insurance claim, Volungis and his counsel chose not … |
| 20-201 | Debe Olson v. Farmers New World Life Insurance Company, et al. | Fifth Circuit | 2020-08-20 | Denied | 14th-amendment civil-procedure class-action due-process equitable-tolling motion-to-dismiss notice rule-23 rule-23(e)-frcp | One: Whether the trial court improperly granted a Motion to Dismiss the putative class because there was no notice to the putative class and therefore… | |
| 19-1397 | Michele Gray v. Department of Justice | Ninth Circuit | 2020-06-22 | Denied | Response Waived | appellate-jurisdiction civil-procedure-rules forma-pauperis improper-service judicial-procedure lower-court-decision motion-to-dismiss ninth-circuit-court time-extension writ-of-certiorari | 1) Can a party request extended time to file a petition for Writ of Certiorari within 60 days of the lower court decision. 2) Can a party request to … |
| 19-8616 | Anthony Helton v. United States | Fourth Circuit | 2020-06-05 | Denied | Response WaivedIFP | appellate-review civil-procedure district-court fourth-circuit judicial-procedure legal-error motion-to-dismiss standing | Whether the United States Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Helton's motion to dismiss? |
| 19-8602 | Eugene Washington v. Santa Rita Jail | Ninth Circuit | 2020-06-04 | Denied | IFP | case-law civil-procedure constitutional-rights district-court-order due-process fifth-amendment motion-to-dismiss standing supreme-court-procedure supreme-court-procedures | 1) Was proper Supreme Court procedures and case law when they issued their final order On August 7th, 2019 in violation of Petitioner's Constitutional… |
| 19-1320 | Veronica M. Johnson v. Rock Solid Janitorial, Inc., et al. | Virginia | 2020-05-29 | Denied | appeal civil-case civil-procedure civil-rights constitutional-violation de-novo-review due-process judicial-procedure jury-trial motion-to-dismiss remand standing | Whether the second Judge who presided in Plaintiffs civil case violated the Constitution by denying Plaintiffs demand for a jury trial, again, after t… | |
| 19-8408 | Stanley West McPherson v. Tompkins Trust Company, et al. | Second Circuit | 2020-05-07 | Denied | Response WaivedIFP | civil-procedure due-process federal-rules-of-civil-procedure judicial-error motion-to-dismiss pretrial-procedures procedural-rules scheduling-conference standing summary-judgment | 1. Whether the United States Magistrate Judge David E. Peebles, error and violated in failure and refuse to give petitioner a schedule conference that… |
| 19-1230 | Bobby Knight v. Chenega Security, Inc., et al. | Fourth Circuit | 2020-04-18 | Denied | Response Waived | civil-procedure civil-rights contract-law dismissal due-process evidence motion-to-dismiss pro-se-litigation qui-tam qui-tam-action standard-of-review standing whistleblower-protection | I. DID THE COURT BELOW FAIL TO USE AN APPROPRIATE STANDARD OF REVIEW WHEN GRANTING ALL THE DISMISSAL MOTIONS WITHOUT RECOGNIZING THE PETITIONER 'S… |
| 19-7620 | Bradley Campbell v. United States | Fourth Circuit | 2020-02-10 | Denied | Response WaivedIFP | criminal-law criminal-procedure due-process evidence evidentiary-standard federal-jurisdiction interstate-commerce judgment-of-acquittal kidnapping motion-for-acquittal motion-to-dismiss | Where there was no evidence that Petitioner used an instrumentality of interstate commerce in furtherance of a kidnapping, whether Petitioner's motion… |
| 19-7372 | Saundra Taylor v. District of Columbia | District of Columbia | 2020-01-22 | Denied | Response WaivedIFP | civil-procedure court-of-appeals discovery-rule due-process due-process,civil-procedure,statute-of-limitations judicial-review motion-to-dismiss notice statute-of-limitations | Is the judgment of October 29, 2019, of the District of District Court of Appeals (DCCA) according to the law? Did the judgment of October 29, 2019, … |
| 19-907 | Dejenay Beckwith, et al. v. City of Houston, Texas, et al. | Fifth Circuit | 2020-01-22 | Denied | Response Waived | civil-procedure civil-rights constitutional-questions due-process fifth-circuit government-conspiracy motion-to-dismiss standing statute-of-limitations | 1. Whether the Fifth Circuit erred by affirming a statute of limitations defense on a motion to dismiss. 2. Whether this Court should clarify erratic… |
| 19-7317 | Florence R. Parker Chailla v. Navient Department of Education, et al. | Second Circuit | 2020-01-16 | Denied | IFP | anti-retaliation-law civil-rights due-process false-claims-act government-fraud higher-education-act motion-to-dismiss nonparty-intervention qui-tam relator retaliation standing | First Question Can an illegal decision be upheld that granted a nonparty ' motion to dismiss after it refused to intervene in a False Claims Act lawsu… |
| 19-579 | William Boateng v. BP, P.L.C., et al. | Fifth Circuit | 2019-11-04 | Denied | Response Waived | appellate-review civil-procedure court-of-appeals district-court federal-rules motion-to-dismiss rule-12(b)(6) rule-12(d) summary-judgment | Federal Rule of Civil Procedure 12(d) provides, "If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not … |
| 19-6126 | Adelbaset A. Youssef v. Bill Schuette, et al. | Sixth Circuit | 2019-10-02 | Denied | Response WaivedIFP | abstention appellate-procedure circuit-court civil-procedure civil-rights doe-v-univ-of-ky due-process federal-courts judicial-review motion-to-dismiss sprint-communications-inc-v-jacobs standing supreme-court supreme-court-precedent younger-abstention | Whether the Six Circuit Court of Appeals ' decision affirming motion to dismiss on Younger Abstention conflicts with the Supreme Court 's decision i… |
| 19-400 | Garmin USA, Inc., et al. v. Cellspin Soft, Inc. | Federal Circuit | 2019-09-25 | Denied | Amici (1)Relisted (2) | 35-usc-101 civil-procedure claim-construction eligibility inventive-claims inventive-concept judicial-review legal-question motion-to-dismiss patent patent-eligibility patent-law pleadings question-of-law subject-matter-eligibility | Whether patent eligibility is a question of law for the court that can be resolved on a motion to dismiss, notwithstanding allegations in a complaint … |
| 19-6012 | Kevin Carroll Anderson v. Arthur B. Greene, et al. | Second Circuit | 2019-09-20 | Denied | Response WaivedIFP | breach-of-contract civil-procedure civil-procedure-standards equitable-tolling judicial-procedure motion-to-dismiss pro-se pro-se-litigant second-circuit statute-of-limitations summary-judgment supervisory-power | 1. Were the Second Circuit's decisions, approving the District Court's application of the summary judgment standard to all of the pro se and uneducate… |
| 19-5689 | Benjamin Oshea Calhoun v. Tony Villa, et al. | Fifth Circuit | 2019-08-23 | Denied | Response WaivedIFP | civil-procedure civil-procedure-12b6 civil-rights due-process false-statements federal-rules-of-civil-procedure federal-rules-of-evidence judicial-recusal judicial-supervision legal-authority motion-to-dismiss probable-cause standing warrantless-arrest | Rather the Appellant courts ruling to uphold the District Courts order which granted defendants motions to dismiss conflicts with the Supreme courts p… |
| 19-5674 | Ed Teague, II v. Regent Financial Group, Inc., et al. | Eighth Circuit | 2019-08-22 | Denied | Response WaivedIFP | appellate-review civil-procedure failure-to-state-a-claim failure-to-state-claim judicial-interpretation legal-principles motion-to-dismiss pleading-requirements standard-of-review | Whether the court of appeal's decision below contradicts existing legal principles when evaluating a motion to dismiss for failure to state a claim up… |
| 19-225 | United States, ex rel. Stephanie Strubbe, et al. v. Crawford County Memorial Hospital, et al. | Eighth Circuit | 2019-08-20 | Denied | Response RequestedResponse WaivedRelisted (2) | billing civil-procedure false-claims-act medicare medicare-billing motion-to-dismiss pleading protected-activity qui-tam whistleblower | 1. Paramedics and EMTs at a county hospital were ordered by management to perform unnecessary services and then enter incorrect time into the hospital… |
| 19-192 | Matthew Herrick v. Grindr LLC, et al. | Second Circuit | 2019-08-14 | Denied | Response Waived | affirmative-defense communications-decency-act failure-to-warn fraud interactive-computer-services motion-to-dismiss negligence non-publication-torts product-liability publication-torts section-230 | (1) Does the Communications Decency Act § 230(c)(1), which protects interactive computer services from liability for traditional publication torts whe… |
| 19-5467 | Tyrone Murray v. Wanda Collins, et al. | Eleventh Circuit | 2019-08-06 | Denied | IFP | civil-procedure civil-rights constitutional-claims due-process factual-allegations grievances motion-to-dismiss prison prisoner-rights pro-se retaliation standing | I. Whether a pro se inmate complaint in a "Conspiracy to Commit Murder lawsuit must contain"specific facts" andlor is Subjected to a "1 Complaint stag… |
| 19-5193 | Jonathan R. Burrs v. United Technologies Corporation, et al. | Fourth Circuit | 2019-07-16 | Denied | Response WaivedIFP | civil-procedure civil-rights due-process fifth-amendment fraud fraud-upon-court fraud-upon-the-court judicial-bias judicial-misconduct motion-to-dismiss procedural-obstruction seventh-amendment standing summary-judgment | Does a District Court Judge engage in a Fraud Upon The Court by participating in the theft of a Petitioner's Opposition to a Respondent's Motion To Di… |
| 19-11 | Lin Rountree v. Nationstar Mortgage, LLC, et al. | Sixth Circuit | 2019-07-01 | Denied | Response Waived | civil-procedure compliance dismissal district-court judicial-discretion mediation mediation-order motion-for-reconsideration motion-to-dismiss order procedural-error reconsideration standing | 1. WHETHER THE DISTRICT COURT ERRED IN GRANTING RESPONDENTS MOTION TO DISMISS WHEN THE RESPONDENTS FAILED TO COMPLY WITH THE DISTRICT COURT'S ORDER TO… |
| 18-1574 | William Henry Starrett v. Department of Defense, et al. | Fifth Circuit | 2019-06-25 | Denied | Response Waived | 12(b)(6) appellate-review civil-procedure civil-rights due-process factual-allegations federal-jurisdiction federal-rules-of-civil-procedure motion-to-dismiss patent pleading pleading-standards standard-of-review standing takings technology-law | Where all court filing fees have been paid to initiate pursuit, what is the appropriate inquiry for determining when only a litigant's factual allegat… |
| 18-1560 | Richard Leland Neal v. B. Marc Neal, et al. | Ninth Circuit | 2019-06-21 | Denied | amended-complaint appellate-review civil-procedure district-court due-process federal-courts federal-rules motion-to-dismiss ninth-circuit pleadings rule-12(b)(6) standing | Whether the Arizona District Court and the Ninth Circuit created a split by holding that "defendants timely responded to Plaintiffs amended complaint … | |
| 18-1481 | Eric S. Strohmeyer v. Surface Transportation Board, et al. | Third Circuit | 2019-05-28 | Denied | Response Waived | abandonment administrative-law federal-agency-decision jurisdiction motion-to-dismiss rail-line-acquisition standing surface-transportation-board third-circuit transportation-board-jurisdiction united-states | Was it clear error for the Third Circuit to fail to address the issue of whether the Surface Transportation Board ("STB") had the jurisdiction to rend… |
| 18-9148 | Ikemefula Charles Ibeabuchi v. James T. Blomo | Arizona | 2019-05-06 | Denied | Response WaivedIFP | abuse-of-discretion civil-procedure court-rules due-process judicial-review jurisdiction legal-procedure motion-to-dismiss pro-se standing statutory-interpretation summary-judgment | Whether or not the Honorable Margaret Mahoney Should had issued Civil Procedure, Rule 7, to reply to Defendant/Appelles Motion to Dismiss, as a minima… |
| 18-9089 | Itoffee Gayle v. Home Box Office, Inc., et al. | Second Circuit | 2019-05-02 | Denied | Response WaivedIFP | appellate-review civil-procedure copyright-infringement due-process fair-use federal-jurisdiction first-amendment intellectual-property motion-to-dismiss second-circuit standing | The plaintiff's intellectual property was featured in defendant's (HBO) series, Vinyl. Judge Jesse M. Furman of the New York Southern District granted… |
| 18-8969 | Ronald Lunsford, Jr. v. Indiana | Indiana | 2019-04-23 | Denied | IFP | criminal-procedure double-jeopardy effective-assistance-of-counsel fourteenth-amendment guilty-plea indiana-constitution ineffective-assistance-of-counsel motion-to-dismiss sixth-amendment | Whether the State of Indiana erred in denying Appellant was deprived of effective assistance of counsel in violation of the Sixth and Fourteenth Amend… |
| 18-8746 | Tatyana E. Drevaleva v. California Department of Industrial Relations, Division of Labor Standards Enforcement | California | 2019-04-09 | Denied | IFP | abandonment-of-appeal appeal appeal-dismissal attorney-signature civil-procedure civil-procedure-defects defendant-identification due-process electronic-service motion-to-dismiss party-identification procedural-defect service-of-process standing | Shall the Court of Appeal grant Defendants' Motion to Dismiss an Appeal if Defendants improperly served the Plaintiff with this Motion, and they maile… |
| 18-8605 | Gregory Swecker, et ux. v. Department of Agriculture, et al. | Eighth Circuit | 2019-03-28 | Denied | Response WaivedIFP | civil-rights discrimination discrimination-case due-process equal-protection judicial-bias motion-to-dismiss race-gender-discrimination recusal renewable-energy | Whether the court of appeal's decision below contradicts existing legal principles when evaluating a motion to dismiss for failure to state a claim up… |
| 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 … | |
| 18-8292 | Julius Greer v. United States | Third Circuit | 2019-03-05 | Denied | IFP | circuit-split crime-of-violence criminal-procedure forfeiture judicial-review motion-to-dismiss plain-error-review speedy-trial-act standard-of-review waiver | What is the correct standard of review for a Speedy Trial Act violation where a motion to dismiss under the Act was filed, but the particular time per… |
| 18-8163 | Pierre Andre Basson v. Mortgage Electronic Registration Systems, Inc., et al. | Eleventh Circuit | 2019-02-27 | Denied | IFP | civil-procedure due-process federal-rules motion-to-dismiss notice opportunity-to-be-heard pro-se pro-se-plaintiff summary-judgment | When considering a Motion to Dismiss for Failure to State a Claim Upon which Relief May be Granted Pursuant to Federal Rules of Civil Procedure 12(b)(… |
| 18-7879 | Clayton D. Colkley v. Maryland | Maryland | 2019-02-11 | Denied | IFP | 5th-amendment appeal appeals appellate-review constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process jurisdiction motion-to-dismiss trial-court trial-court-jurisdiction | 1. DID THE COURT OF SPECIAL APPEALS OF MARYLAND ERR IN AFFIRMING TRIAL COURT'S DENIAL OF DEFENDANT'S MOTION TO DISMISS ON THE GROUND OF DOUBLE JEOPARD… |
| 18-7678 | Alfonso Hernandez v. United States | Ninth Circuit | 2019-01-30 | Denied | Response WaivedIFP | client-attorney-relationship client-autonomy constitutional-rights criminal-procedure due-process ineffective-assistance motion-to-dismiss sixth-amendment sixth-amendment-right-to-counsel sixth-circuit speedy-trial-act trial-counsel | Can a defense lawyer, consistent with the Sixth Amendment, contravene his client's wishes to object to a violation of the Speedy Trial Act? Whether t… |
| 18-862 | Michael J. Daugherty, et al. v. Alain H. Sheer, et al. | District of Columbia | 2019-01-07 | Denied | Response Waived | circuit-split civil-procedure civil-rights due-process motion-to-dismiss pleading pleading-standard qualified-immunity rule-12(b)(6) standing | May a court dismiss a complaint under Rule 12(b)(6) for failing to plead facts needed to overcome an anticipated qualified-immunity defense? |
| 18-805 | Eric S. Strohmeyer v. Surface Transportation Board, et al. | Third Circuit | 2018-12-21 | Denied | Response Waived | administrative-law civil-procedure clear-error due-process jurisdiction motion-to-dismiss standing standing-doctrine surface-transportation-board third-circuit transportation | Was it clear error for the Third Circuit to fail to address the issue of whether the Surface Transportation Board ("STB") had the jurisdiction to rend… |
| 18-771 | Pedro Vaigasi v. Solow Management Corporation, et al. | Second Circuit | 2018-12-18 | Denied | Response Waived | attorney-fees civil-procedure civil-rights discovery discovery-sanctions due-process employment-discrimination federal-rules-civil-procedure motion-to-dismiss pro-se sanctions | 1. Whether review is warranted because the Court of Appeals affirmed a sanction of $61,605.25 in attorney's fees against a pro se Plaintiff for an all… |
| 18-705 | Wendell Griffen, Judge, Sixth Judicial Circuit, Pulaski County, Arkansas v. John Dan Kemp, Chief Justice, Arkansas Supreme Court, et al. | Eighth Circuit | 2018-11-30 | Denied | Response Waived | all-writs-act civil-procedure civil-rights civil-rights-1983 due-process jurisdiction mandamus motion-to-dismiss non-final-order standing writ-of-mandamus | In this civil rights action under 42 U.S.C. § 1983, a divided panel of the Eighth Circuit purported to exercise jurisdiction under the All Writs Act t… |
| 18-683 | Bradley Christopher Stark v. United States | Eleventh Circuit | 2018-11-26 | Denied | Response WaivedRelisted (2) | 5th-amendment burden-of-proof civil-procedure due-process federal-rules-of-civil-procedure fifth-amendment motion-to-dismiss notice-pleading sovereign-immunity | 1. Whether, on a motion to dismiss raising a defense of sovereign immunity, a plaintiff possesses a burden to do more than allege an unequivocal waive… |
| 18-535 | Residents Against Flooding, et al. v. Reinvestment Zone Number Seventeen, City of Houston, Texas, et al. | Fifth Circuit | 2018-10-23 | Denied | Response Waived | circuit-split civil-procedure land-use land-use-decisions motion-to-dismiss property-rights rational-basis rule-12b6 standard-of-review substantive-due-process takings | 1. Whether, and to what extent, on a Rule 12(b)(6) motion to dismiss, a court must give deference to a plaintiff's complaint, viewing the government's… |
| 18-6386 | Dora L. Adkins v. Whole Foods Market Group, Inc. | Fourth Circuit | 2018-10-18 | Denied | Response WaivedRelisted (2)IFP | abuse-of-discretion breach-of-contract civil-procedure civil-rights dismissal district-court-dismissal due-process emotional-distress gross-negligence motion-to-dismiss reconsideration standing subject-matter-jurisdiction | Whether the United States Court of Appeals for the Fourth Circuit erred when it affirmed in part, vacated in part, and remanded the case for further p… |
| 18-494 | Thomas S. Ross v. Apple, Inc. | Eleventh Circuit | 2018-10-17 | Denied | Response Waived | 17-usc-106 17-usc-501 copyright-infringement copyright-ownership eleventh-circuit exclusive-rights motion-to-dismiss standard-of-review statutory-interpretation | Whether the Eleventh Circuit correctly held that granting defendant's Motion for Dismissal was justified even though a) plaintiff proved ownership of … |
| 18-6245 | Johnny Kirkland v. Progressive Insurance Company, et al. | Alabama | 2018-10-09 | Denied | Response WaivedRelisted (2)IFP | civil-procedure civil-rights directed-verdict due-process evidence motion-to-dismiss right-to-counsel standing | (1) Whether Raymond Luker was negligent. (2) Whether it was a refusal at trial to accept proffered admissible evidence, not the granting of the motio… |
| 18-6125 | Willie Frank Wright, Jr. v. Shawn Carter, aka Jay-Z, et al. | Second Circuit | 2018-09-28 | Denied | IFP | breach-of-contract civil-procedure civil-rights consideration constitutional-violation due-process factual-allegations federal-courts judicial-review motion-to-dismiss pleadings procedural-dismissal scheuer-v-rhodes Twombly-Iqbal | Wheather A Court Can Rey on Material outside the pleadings When Rullng on a Motion to dismiss? When pleadings are Supported by Declaration ar Affidul… |
| 18-329 | Landry Rountree v. Troy Dyson, et al. | Fifth Circuit | 2018-09-13 | Denied | amended-complaint circuit-split civil-procedure civil-rights due-process equal-protection mootness motion-to-dismiss standing sua-sponte-dismissal wrongful-arrest | 1. Whether the Fifth Circuit's opinion in this case causes a circuit split to whether the filing of an amended complaint moots a pending motion to dis… | |
| 18-275 | Patricia Smith, et al. v. Hillary Rodham Clinton, et al. | District of Columbia | 2018-09-04 | Denied | Response Waived | benghazi civil-procedure civil-rights dc-circuit defamation federal-court-procedure federal-courts government-immunity hillary-clinton motion-to-dismiss sovereign-immunity subject-matter-jurisdiction substitution substitution-of-defendant westfall-act | Did the DC Circuit err by affirming the order of the U.S. District Court for the District of Columbia ("District Court") substituting the United State… |
| 18-243 | Anthony Fox v. John Powell, et al. | Third Circuit | 2018-08-24 | Denied | Response Waived | 11th-amendment checks-and-balances civil-rights constitutional-protection constitutional-rights discovery due-process eleventh-amendment judicial-abrogation judicial-proceedings motion-to-dismiss rule-12b6 standing supervisory-liability supervisory-responsibility | Is this Court not required to protect the Constitution as envisioned by our founding fathers in the Eleventh Amendment of the Constitution and does no… |
| 18-5741 | George O. Riley v. Wells Fargo Bank, N.A., et al. | Fifth Circuit | 2018-08-24 | Denied | Response WaivedIFP | civil-procedure common-law constitutional-interpretation judicial-rulemaking motion-to-dismiss pleading-standard pleading-standards rules-enabling-act seventh-amendment twombly | Whether the heightened pleading standard adopted in Tellabs/Twombly/Iqbal violates the Seventh Amendment to The United States Constitution by defying.… |
| 18-123 | In Re Citizens for Fair Representation, et al. | 2018-07-27 | Denied | Response Waived | 28-usc-2284 chief-circuit-judge civil-rights district-court district-judge due-process equal-protection judicial-procedure legislative-apportionment mandamus motion-to-dismiss redistricting standing standing-doctrine three-judge-district-court three-judge-panel voting-rights | 1. In a case challenging the constitutionality of the apportionment of legislative districts, may a district judge, sitting alone, decide a motion to … | |
| 18-124 | Two-Way Media Ltd. v. Comcast Cable Communications, LLC, et al. | Federal Circuit | 2018-07-27 | Denied | 35-usc-101 abstract-idea factual-questions innovation-specificity motion-to-dismiss patent-claims patent-eligibility patent-eligibility-under-35-usc-101 patent-specification section-101 specificity-requirement technological-architecture | 1. In order to clear the threshold eligibility determination under 35 U.S.C. § 101, must a patent include in its claims a sufficient level of specific… | |
| 18-31 | Joel Beck v. Nationstar Mortgage, LLC, et al. | Ninth Circuit | 2018-07-05 | Denied | Response Waived | civil-procedure civil-rights due-process foreclosure foreclosure-claims mortgage motion-to-dismiss pro-se pro-se-plaintiff procedural-dismissal rule-12(b)(6) standing state-law supreme-court-precedent | 1. Whether a pro se Plaintiff's pleading of plausible state law claims, including an allegation that, if true, would stop a pending foreclosure of his… |
| 18-4 | Samuel Giancarlo, et al. v. UBS Financial Services, Inc., et al. | Fifth Circuit | 2018-06-29 | Denied | Response Waived | amendment amendment-request civil-procedure class-action dismissal due-process judicial-discretion litigation-delay manifest-injustice motion-to-dismiss pleading-standards procedural-errors securities-litigation standing | Does manifest injustice result from the errors associated with the district court's dismissal of Petitioners' complaint, the errors of the appellate c… |