summary-judgment

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6833 Israel Romero v. Charter Communications, Inc., et al. South Carolina 2026-02-17 Pending IFP appellate-procedure class-of-one due-process-clause equal-protection-clause fourteenth-amendment summary-judgment Whether South Carolina courts erred in applying "double standard" in a "class of one" in violation of the Equal Protection and Due Process clauses of …
25-6798 Jay Pemberton v. Bell's Brewery, Inc. Sixth Circuit 2026-02-12 Pending IFP civil-procedure disability-discrimination employment-discrimination evidence-standard mcDonnell-douglas summary-judgment Whether, in disability discrimination and related employment discrimination cases, a court of appeals may affirm summary judgment by resolving dispute…
25-945 Rod Warren, et al. v. Nucor Corporation Eighth Circuit 2026-02-09 Pending circuit-precedent mcdonnell-douglas procedural-impasse race-discrimination stare-decisis summary-judgment 1. Whether the District Court's and the Eighth Circuit's focus on the isolated components of the McDonnell Douglas framework eviscerated the required …
25A859 Ulysses Lee Feagin v. Mansfield Police Department, et al. Sixth Circuit 2026-01-30 Application excessive-force party-presentation qualified-immunity sixth-circuit summary-judgment taser-use Question not identified.
25-6673 James R. Caputo v. Richard S. Tubiolo, et al. New York 2026-01-29 Pending IFP attorney-client-relationship legal-malpractice negligence-standard pleading-amendment professional-medical-conduct summary-judgment Question not identified.
25-6669 Ezequiel Rivera v. Nestle USA, Inc. Seventh Circuit 2026-01-29 Pending IFP circuit-split eeoc-charge hostile-environment pro-se-pleading retaliation-claim summary-judgment Whether federal courts violate Haines v. Kerner and create a de facto circuit split by narrowly construing pro se EEOC charges to include only checked…
25-857 Joshua Yarbrough, et al. v. SlashSupport, Incorporated, et al. Fifth Circuit 2026-01-20 Pending Response Waived circumstantial-evidence civil-rights employment-discrimination judicial-doctrine stray-remarks summary-judgment Whether discriminatory remarks categorized as stray under a judicial doctrine may be excluded from the mix of circumstantial evidence of discriminatio…
25-6605 Julian Francis Bates v. General Motors, LLC, dba GM Sixth Circuit 2026-01-16 Pending IFP burden-shifting discovery-rules employee-resource-group employment-discrimination gender-bias summary-judgment Can a party fail to cooperate in discovery, disobey court rules, interrupt the McDonnell Douglas Corp. v. Green burden-shifting evidence approach and …
25-6613 Dustin Matthews v. City of Tempe, Arizona, et al. Ninth Circuit 2026-01-16 Pending Response WaivedIFP appellate-review civil-procedure due-process ninth-circuit rule-56 summary-judgment 1. Whether the Ninth Circuit departed from this Court's Rule 56 jurisprudence by sanctioning summary judgment where the district court failed to credi…
25-835 Jean-Francois Rigollet v. Le Macaron Development, LLC Florida 2026-01-15 Pending appellate-review due-process fourteenth-amendment judicial-contradiction procedural-exclusion summary-judgment The circumstances following the presented questions, creates two constitutional questions under the Due Process Clause of the Fourteenth Amendment: 1…
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)(…
25A801 Nicholas Sellman v. Aviation Training Consulting, LLC Tenth Circuit 2026-01-12 Application cat's-paw circuit-split disability-discrimination employment-discrimination retaliation summary-judgment Question not identified.
25-813 Kim Bogardus v. City of Yakima, Washington Washington 2026-01-09 Pending americans-with-disabilities-act credibility-determination disability-claims judicial-estoppel social-security-disability summary-judgment In Cleveland v. Policy Management Systems Corp., 526 U.S. 795 (1999), this Court held that a claim of total disability for Social Security Disability …
25-6486 Marvin Bowman v. City of Chicago Board of Education Seventh Circuit 2026-01-06 Pending Response WaivedIFP appellate-review court-procedure harm-analysis judicial-error legal-standard summary-judgment Whether or not the courts errored when they applied the significant harm standard to this case when this court had already ruled against it? Whether o…
25-784 Kiya Cunningham v. Wells Fargo Bank, N.A., et al. Fourth Circuit 2026-01-05 Pending amendment-of-pleadings civil-rights discovery-sanctions due-process federal-rules-of-civil-procedure summary-judgment This petition presents recurring questions concerning the procedural limits of Federal Rules of Civil Procedure 56, 37, and 15, and the due-process pr…
25-770 Alan M. Dershowitz v. Cable News Network, Inc. Eleventh Circuit 2025-12-31 Pending Response RequestedResponse Waived actual-malice circuit-split defamation first-amendment media-liability summary-judgment As the District Court explained, "Of course, Dershowitz said nothing of the kind[.]" App. 71a. The court was referring to how CNN defamed Professor Al…
25-736 World Champ Tech, LLC v. Peloton Interactive, Inc. Ninth Circuit 2025-12-22 Pending Response Waived circuit-split factor-test lanham-act likely-confusion summary-judgment trademark-infringement The Lanham Act prohibits use of a trademark when such use is "likely to cause confusion, or to cause mistake, or to deceive." 15 U.S.C, §1114(1)(a); s…
25-698 Noris Babb v. Douglas A. Collins, Secretary of Veterans Affairs Eleventh Circuit 2025-12-17 Pending Response Waived age-discrimination employment-discrimination federal-employees sex-discrimination summary-judgment title-vii Whether federal District Court jury instructions and decisions on motions for summary judgment must be consistent with Babb v. Wilkie's statutory fram…
25A677 Evan Norman v. Lee Ingle, et al. Fifth Circuit 2025-12-09 Application appellate-review excessive-force qualified-immunity scott-v-harris summary-judgment video-evidence 1. This case presents an important question dividing the circuits: Whether an appellate court has jurisdiction under Johnson v. Jones, 515 U.S. 304 (1…
25-6273 Ronnie Coleman v. Chevron Phillips Chemical Company, L.P. Fifth Circuit 2025-12-03 Pending IFP comparator-evidence disparate-treatment employment-discrimination stray-remarks summary-judgment supervisor-bias Whether the Fifth Circuit's rigid, four-part test for dismissing discriminatory remarks as legally irrelevant "stray remarks" unless made by a final d…
25A614 Rod Warren, et al. v. Nucor Corporation Eighth Circuit 2025-11-24 Application employment-discrimination hostile-work-environment mcdonnell-douglas racial-discrimination retaliation summary-judgment Question not identified.
25-6224 Latoya K. Benton, Administrator of the Estate of Xzavier D. Hill, Deceased v. Seth W. Layton, Individually and in His Official Capacity as a State Trooper for the State of Virginia, et al. Fourth Circuit 2025-11-24 Denied Response WaivedIFP excessive-force fourth-amendment police-conduct qualified-immunity racial-bias summary-judgment 1. Whether the Fourth Amendment requires courts to apply a holistic, totality-of-the-circumstances analysis to excessive force claims, including all p…
25A525 Alan M. Dershowitz v. Cable News Network, Inc. Eleventh Circuit 2025-11-06 Application constitutional-issues counsel-change eleventh-circuit legal-review summary-judgment writ-of-certiorari Question not identified.
25-6016 Todd White v. ACell, Inc. Fourth Circuit 2025-11-03 Rehearing Response WaivedIFP appellate-review circuit-split due-process false-claims-act fifth-amendment summary-judgment 1. Whether the United States Court of Appeals for the Fourth Circuit violated Petitioner's Fifth Amendment right to due process by denying his motion …
25-527 Iván Vechioli Cruz, et al. v. Kiyomi M. Santos Onoda First Circuit 2025-10-31 Denied bankruptcy-procedure creditor-rights due-process judicial-review rooker-feldman-doctrine summary-judgment Whether if; United States Court of Appeals for the First Circuit, CASE NO. 24-1290 decided correctly validating United States Bankruptcy Court for the…
25-526 Laura Beny v. University of Michigan, et al. Sixth Circuit 2025-10-30 Denied Response Waived circuit-split discrimination-evidence honest-belief-doctrine jury-trial-rights summary-judgment title-vii Whether federal courts may apply the judge-made "honest belief" doctrine to grant summary judgment in Title VII cases when: (1) this Court's unanimous…
25-511 William Edward Williamson v. School Board of Chesapeake City, Virginia, et al. Fourth Circuit 2025-10-24 Denied Response Waived civil-rights evidentiary-standard fourth-circuit mcdonnell-douglas racial-discrimination summary-judgment 1. Whether the Fourth Circuit's application of a heightened and unprecedented evidentiary standard for proving racial discrimination against an Asian …
25-509 Jana Shepherd v. Helen Painter & Co., et al. Texas 2025-10-24 Denied breach-of-fiduciary-duty constitutional-rights due-process fraud jury-trial summary-judgment Did the Trial Court violate the Appellant's constitutional right to a jury trial by denying the request for a jury trial, despite the Appellant's time…
25-499 Sandy Mays v. Newly Weds Foods, Inc. Fifth Circuit 2025-10-22 Denied Response Waived causation-standard circuit-split employment-discrimination fmla-retaliation mcdonnell-douglas summary-judgment I. To resolve the confusion among circuit courts, the Court should decide whether the McDonnell Douglas framework is inappropriate for analysis at …
25-404 Mark Hunt v. Zuffa, LLC, et al. Ninth Circuit 2025-10-03 Denied Response Waived civil-procedure contract-law mma-sports performance-enhancing-drugs public-policy summary-judgment Firstly, did the Ninth Circuit err in affirming summary judgment on the Petitioner's battery and aiding-and-abetting battery claims by holding that co…
25-397 Delton York v. Scott Kupor, Director, Office of Personnel Management Fifth Circuit 2025-10-03 Denied Response Waived civil-rights employment-discrimination neutral-reason prima-facie-case racial-animus summary-judgment Assuming the petitioner established a prima facie case of employment discrimination, if the respondent offers evidence of a neutral reason for its ref…
25-389 Abolfazl Hosseinzadeh v. Swedish Health Services, et al. Washington 2025-10-02 Denied civil-procedure due-process expert-affidavit fourteenth-amendment pro-se-litigant summary-judgment 1. Whether a state court's application of summary judgment standards, by excluding qualified expert affidavits through credibility assessments rathe…
25-352 Jasmine Younge v. Fulton Judicial Circuit District Attorney's Office, Georgia Eleventh Circuit 2025-09-24 Pending Response Requested affirmative-defense civil-procedure federal-rules judicial-discretion pleading-rules summary-judgment Where a defendant has filed an answer without pleading an affirmative defense, may the defendant nonetheless assert that affirmative defense as the ba…
25A315 Kiya Cunningham v. Wells Fargo Bank, N.A., et al. Fourth Circuit 2025-09-18 Presumed Complete civil-procedure due-process fifth-amendment motion-to-strike pro-se-litigant summary-judgment 1. Whether a federal district court violates a party's due process rights under the Fifth (or Fourteenth) Amendment by striking that party's oppositio…
25-289 Muhamed Pathe Bah v. United States Fifth Circuit 2025-09-12 Denied Response Waived 2255-motion federal-circuits habeas-corpus legal-standard rule-56 summary-judgment Courts in every federal district apply Rule 56 to 2255 motions; the application, however, is uneven. In the Second Circuit, the summary-judgment rules…
25A288 Miami Township Board of Trustees v. Roger Dean Gillispie, et al. Sixth Circuit 2025-09-11 Presumed Complete civil-rights constitutional-violation law-enforcement municipal-liability sixth-circuit summary-judgment Question not identified.
25-267 Milton Green v. Christopher Tanner, et al. Eighth Circuit 2025-09-09 Denied Amici (2) constitutional-rights excessive-force law-enforcement qualified-immunity reasonableness-standard summary-judgment 1. In a case alleging that an officer used excessive force based on a mistake of fact, is the reasonableness of the officer's mistake a legal question…
25A271 Julio Licinio v. New York, et al. Second Circuit 2025-09-08 Presumed Complete burden-shifting civil-rights employment-discrimination mcdonnell-douglas summary-judgment title-vii Question not identified.
25-251 Hung Dang v. Kimberly Moore, M.D., et al. Ninth Circuit 2025-09-04 Denied Response Waived civil-procedure constitutional-challenges pleading-standards section-1981 section-1983 summary-judgment In the Ninth Circuit's opinion, Petitioner must allege a prima facie case of discrimination and "the requisite meeting of the minds to establish a con…
25A258 Tonnesha Kidd v. Lourdes Medical Center at Burlington, et al. Third Circuit 2025-09-03 Presumed Complete employment-law pro-se-litigation race-discrimination retaliation summary-judgment third-circuit Question not identified.
25A251 Erika Mabes, Individually and on Behalf of L. M., J. R. M., and J. A. M., Minor Children, et al. v. Shannon Thompson, et al. Seventh Circuit 2025-09-02 Presumed Complete appellate-procedure legal-filing summary-judgment supreme-court time-extension writ-of-certiorari Question not identified.
25-239 Tonya C. Huber v. Westar Foods, Inc. Eighth Circuit 2025-08-29 Denied burden-shifting employment-discrimination mcdonnell-douglas prima-facie-case retaliatory-intent summary-judgment 1. In an employment action in which the plaintiff alleges the defendant engaged in unlawful intentional discrimination or retaliation, if the defendan…
25-5455 Jesus Torres v. Cheniere Energy, Inc., et al. Texas 2025-08-22 Denied IFP choice-of-law discovery-process jurisdictional-deficiency service-agreement statutory-employer summary-judgment 1. Choice of Law: Did the lower court err in applying Louisiana law to the plaintiffs claims despite the explicit choice-of-law provision in the Servi…
25-172 Mark Mazza, et ux. v. Bank of New York Mellon, fka The Bank of New York, as Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2006-0A10 Mortgage Pass-Through Certificates Series 2006-0A10 Third Circuit 2025-08-13 Denied Relisted (2) appellate-review counterclaims due-process ejectment rooker-feldman summary-judgment Whether THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT applied the incorrect standard, when affirming the lower tribunal's judgment, which g…
25-5304 Jonathan David Loggins v. Ronny Albert, et al. Eighth Circuit 2025-08-08 Denied IFP due-process excessive-force fourth-amendment implied-consent rule-15b summary-judgment 1. Implied Consent Under Rule 15(b). Whether the lower courts ' refusal to recognize implied consent for a fully litigated excessive force claim — d…
25A155 Jasmine Younge v. Fulton Judicial Circuit District Attorney's Office, Georgia Eleventh Circuit 2025-08-06 Presumed Complete affirmative-defense civil-procedure federal-rules pleading-amendment scheduling-order summary-judgment Question not identified.
25A142 Ronnie Coleman v. Chevron Phillips Chemical Company, L.P. Fifth Circuit 2025-08-05 Presumed Complete age-discrimination employment-discrimination performance-evaluation summary-judgment title-vii workplace-harassment Question not identified.
25-140 Jennine Labuzan-Delane v. Cochran & Cochran Land Company, Incorporated, et al. Fifth Circuit 2025-08-05 Denied contract-clause discovery-rules federal-procedure land-patent summary-judgment supremacy-clause 1. Whether a district court may grant summary judgment without affording any opportunity for discovery —contrary to Celotex Corp. v. Catrett, 477 U.S.…
25-5265 Jessica M. Graulau Maldonado v. Orange County Public Library System Florida 2025-08-04 Denied Response WaivedRelisted (2)IFP due-process fourteenth-amendment material-facts negligence-tort summary-judgment witness-credibility Whether in holding that under federal summary judgment standard there is discretion to dismiss a jury negligence claim after determine credibility of …
25-5236 Robert Annabel, II v. Sherman Campbell, Warden, et al. Sixth Circuit 2025-07-30 Denied Response WaivedIFP appellate-review fact-finding legal-standard religious-practice substantial-burden summary-judgment Did the Court of Appeals erroneously define what constitutes substantial burden upon religious practice and did it erroneously find impermissible bind…
25-98 Peter Gumm v. AK Steel Corporation Sixth Circuit 2025-07-25 Denied Response Waived civil-rights mcdonnell-douglas seventh-amendment statute-of-limitations summary-judgment title-seven 1. Whether a federal district court errs in granting summary judgment based upon the improper application of McDonnell Douglas Corp. v. Green, 411 U.S…
25-86 Ashok Arora v. Midland Credit Management, et al. Seventh Circuit 2025-07-23 Denied Response Waived business-records circuit-split declarant-testimony federal-rules-evidence hearsay-exception summary-judgment Whether the district court erred or abused its discretion when, at summary judgment, it accepted declarations asserting hearsay facts —supposedly deri…
25-5166 Thomas E. Camarda v. Elizabeth M. Whitehorn, et al. Seventh Circuit 2025-07-22 Denied IFP appellate-procedure civil-rights due-process separation-of-powers summary-judgment supremacy-clause 1. Whether a federal court of appeals may refuse to enter judgment following the unrebutted filing of a dispositive appellate brief and summary judgm…
25-71 Matthew Farney, et al. v. Michael Rose, as Personal Representative for the Estate of Bradley Rose and on Behalf of all Statutory Beneficiaries of Bradley Rose, Deceased Ninth Circuit 2025-07-21 Denied Response RequestedResponse WaivedRelisted (2) deadly-force excessive-force fourth-amendment police-encounter qualified-immunity summary-judgment 1. This Court has never applied the obvious case exception to qualified immunity's second prong in the Fourth Amendment context. Although the Court ha…
25-5100 David Joseph Peterson v. Black Body Corporation, dba Antec, Incorporated, et al. Fourth Circuit 2025-07-15 Denied Response WaivedIFP constitutional-right credibility-determination due-process jury-trial seventh-amendment summary-judgment 1. Whether the lower court erred in making credibility determinations in allowing Respondent's Motion for Summary Judgment thereby denying Petitioner …
25-5074 Michael Horton v. Captain Gilchrist, et al. Eleventh Circuit 2025-07-10 Denied Response RequestedResponse WaivedRelisted (2)IFP discovery-rights federal-rules prisoner-litigation pro-se-litigant section-1983 summary-judgment This Court's precedent is clear that federal courts "should generally not depart from the usual practice under the Federal Rules on the basis of perce…
25A25 Jim Kennedy v. PEI-Genesis Third Circuit 2025-07-08 Presumed Complete circuit-split employment-discrimination judicial-scrutiny religious-belief summary-judgment title-vii 1) the definition and scope of religious belief under Title VI when religious belief and secular beliefs are intertwined and 2) the role of the judici…
24A1278 Stewart A. Feldman, et al. v. Scott Sullivan, et al. Fifth Circuit 2025-06-24 Presumed Complete appellate-review commercial-litigation fifth-circuit motion-for-judgment standard-of-review summary-judgment Question not identified.
24-7431 Keisha Reynolds v. HNS Management Co., Inc., dba CTTransit, et al. Second Circuit 2025-06-16 Denied Response WaivedIFP court-appointed-attorney law-of-the-case second-circuit stare-decisis summary-judgment vested-right 1. Whether Hodge v. Police Officers , 802 F.2d 58, 60 (2d Cir. 1986) creates a vested right when petitioner has previously benefited from a court appo…
24-1251 Nicole Gilbert-Daniels v. Lions Gate Entertainment, Inc., et al. Ninth Circuit 2025-06-06 Denied Response Waived copyright-infringement due-process expert-evidence ninth-circuit substantial-similarity summary-judgment 1. Substantial Similarity and Summary Judgment: Does the Ninth Circuit's application of the extrinsic test and its requirement of striking similarity …
24-1240 Unkechaug Indian Nation, et al. v. Amanda Lefton, Commissioner, New York State Department of Environmental Conservation, et al. Second Circuit 2025-06-05 Denied daubert-standard due-process expert-testimony gatekeeping-obligation in-camera-review summary-judgment Whether the District Court violated Petitioners' due process rights by granting summary judgment without first fulfilling its gatekeeping obligation u…
24-1237 Hans Goerz v. Troy E. Meink, Secretary of the Air Force Fifth Circuit 2025-06-04 Denied Response Waived civil-rights-act discovery pretext retaliation summary-judgment title-vii 1. Whether the District Judge may dismiss the complaint on summary judgment without requiring answer from the respondent, without authorizing discover…
24A1185 Elizabeth Flynt v. Rob Bonta, Attorney General of California, et al. Ninth Circuit 2025-06-03 Presumed Complete civil-rights court-of-appeals extension-of-time ninth-circuit petition-for-certiorari summary-judgment Question not identified.
24A1152 Jennine Labuzan-Delane v. Cochran and Cochran Land Company, Inc, et al. Fifth Circuit 2025-05-27 Application adverse-possession due-process federal-courts land-patent property-rights summary-judgment Question not identified.
24-7287 Anthony Michael Branch v. Aidan T. Kearney, et al. Massachusetts 2025-05-27 Denied IFP actual-malice defamation media-publications public-figure summary-judgment 1. Whether a private individual who becomes the subject of defamatory online publications may be designated a "limited-purpose public figure" based so…
24-7284 Charles L. Burgett v. Scott Bessent, Secretary of the Treasury Eighth Circuit 2025-05-27 Denied Response WaivedIFP employment-discrimination pretext prima-facie-case standard-of-review summary-judgment title-vii Whether the lower courts applied the correct summary judgment standard of review for prima facie and for pretext in assessing a case of employment dis…
24-1188 Over the Line, LLC, et al. v. Christine Thompson Third Circuit 2025-05-22 Denied Response Waived civil-procedure due-process fraud-allegation rule-9b summary-judgment third-circuit 1. Can the Third Circuit United States Court of Appeals raise and rule on a non-jurisdictional or dispositive argument alleging fraud, that was expres…
24-7233 Joseph Anthony Daniels v. Vincent Gore, Medical Doctor Fourth Circuit 2025-05-16 Dismissed IFP civil-procedure coronavirus-claim medical-examination medical-records prostate-cancer summary-judgment SHOULD THE APPEALS COURT HAVE ORDERED A PHYSICAL EXAMINATION ON PLAINTIFF TO SUBSTANTIATE HIS CLAIM OF HAVING PROSTATE CANCER, WHICH FACT BECAME EVIDE…
24-7214 Anthony J. Woods v. N'Gai Smith Fifth Circuit 2025-05-15 Denied IFP article-iii-standing civil-rights due-process hostile-work-environment subject-matter-jurisdiction summary-judgment 1. Whether Anthony J. Woods had Article III Standing to petition the court to redress his grievances under U.S. Constitution 1S* Amendment? 2. Did th…
24-1125 ISS Aviation, Inc., Wyoming, et al. v. Bell Textron, Inc. Fifth Circuit 2025-05-01 Denied Response Waived civil-procedure contract-breach good-faith independent-representative quantum-meruit summary-judgment Did the district court misapply Federal Rules of Civil Procedure 12 and 56 by ruling that no reasonable jury could find that Bell breached its contrac…
24-7009 Leonard Harris v. Nakita Ross, et al. Fourth Circuit 2025-04-16 Denied Response WaivedIFP civil-rights discovery due-process equal-protection fourteenth-amendment summary-judgment 1. Whether the district court's dismissal of Petitioner's case without permitting the development of the record deprived Petitioner of a meaningful op…
24-6988 Ricardo Edwin Lanier v. Justin Burns, et al. Fourth Circuit 2025-04-14 Denied IFP court-procedure due-process evidence-interpretation factual-dispute summary-judgment witness-affidavit Here the district court as well as the appellate court both determined the relevant facts bit only and daly' Coredtingd the video Fortare, and otReers…
24A973 Nicole Gilbert-Daniels v. Lions Gate Entertainment, Inc., et al. Ninth Circuit 2025-04-11 Presumed Complete circuit-split copyright-infringement striking-similarity substantial-similarity summary-judgment total-concept-and-feel Question not identified.
24-1069 In Re Symon Mandawala 2025-04-10 Denied due-process ex-parte-communication federal-civil-procedure full-faith-and-credit summary-judgment witness-testimony Whether writ of mandumus should issue direct to both the Appeals and district court to uphold Article IV of the US constitution "full faith and credit…
24-6946 Logan Dyjak v. Stacey Horstman, et al. Seventh Circuit 2025-04-08 Denied IFP bodily-movement constitutional-claim due-process fourteenth-amendment procedural-rights summary-judgment 1. Whether a court must provide notice and an opportunity to be heard under Federal Rule of Civil Procedure 56(e)(2) when awarding summary judgment. …
24-1054 Derek Blockhus v. United Airlines, Inc. Seventh Circuit 2025-04-07 Denied Response Waived civil-procedure employment-discrimination evidence-authentication fmla-interference summary-judgment witness-credibility 1. Did the Appellate Court properly construe all facts in the light most favorable to the nonmoving party, as required by Federal Rule of Civil Proced…
24-1049 Wei Qiu v. Board of Education of Bowling Green Independent Schools, Kentucky Sixth Circuit 2025-04-04 Denied Response Waived civil-rights due-process equal-protection rule-59e summary-judgment title-vii Question 1. Should a plaintiffs response to the motion to dismiss be converted to a summary motion when some of the evidence are "the matters outside …
24-1044 Erroll Tyler, individually and as President and CEO of Nautical Tours, Inc., et al. v. Michael Cox, Commissioner, Boston Police Department, et al. First Circuit 2025-04-01 Denied Response Waived civil-procedure constitutional-rights due-process equal-protection summary-judgment void-judgment Whether the First Circuit erred in holding that City officials decision [not] to act on Petitioners completed sightseeing vehicle license applications…
24-6906 Reginald Mack v. United States Fourth Circuit 2025-04-01 Denied Response WaivedIFP abuse-of-discretion expert-witness jury-intelligence medical-malpractice spoliation summary-judgment Spoliation by the non-moving party: Spoliation refers to the destruction or significant alteration of evidence, or the failure to preserve property fo…
24-1036 LaWanda Johnson v. United States Ninth Circuit 2025-03-31 Denied Response Waived confidentiality-regulations court-order federal-procedure patient-privacy substance-abuse-records summary-judgment To investigate or prosecute a substance abuse program or a person holding the records, law enforcement personnel must obtain a court order premised up…
24A917 Iván Vechioli Cruz, et al. v. Kiyomi M. Santos Onoda First Circuit 2025-03-25 Presumed Complete appellate-review bankruptcy-court discretionary-ruling reconsideration standard-of-review summary-judgment Question not identified.
24-980 William Jones, Jr., Individually and in His Official Capacity as a Police Officer for the Los Angeles Police Department v. Ymelda Elena, et al. Ninth Circuit 2025-03-12 Denied Response Waived excessive-force law-enforcement ninth-circuit qualified-immunity summary-judgment video-evidence In ruling on a claim for qualified immunity raised in a motion for summary judgment, does a court's obligation to view the evidence in the light most …
24-6751 Victoria Lunn Jones v. Sykes Enterprises, Incorporated Fourth Circuit 2025-03-12 Denied Response WaivedRelisted (2)IFP court-jurisdiction eeoc-guidelines judicial-procedure pro-se-litigant service-of-process summary-judgment 1. Was the Respondent's Reply to Plaintiff's Response In Opposition to Defendants Motion for Summary Judgment filed on September 13, 2023, but the pro…
24-956 Los Angeles County, California, et al. v. Peter Woods Nyarecha, et al. Ninth Circuit 2025-03-06 Denied Amici (1)Response Waived cell-check-policy constitutional-violation monell-doctrine municipal-liability section-1983 summary-judgment The Los Angeles County Sheriff's Department's official policy requires deputy officers to regularly check inmates' cells for signs of life. It is undi…
24A838 Phillip Frazier v. American Airlines, Inc., a Delaware Corporation, et al. Ninth Circuit 2025-03-03 Presumed Complete age-discrimination fair-employment-and-housing-act pretext prima-facie-case reduction-in-force summary-judgment Question not identified.
24-6684 Andrew Rick Lopez v. Correctional Officer D. C. Thomas Ninth Circuit 2025-03-03 Denied IFP administrative-exhaustion constitutional-rights due-process jury-trial prison-grievance summary-judgment UNIFORMITY AMONG THE CIRCUITS I. Definitive Guidance Is Needed on Whether The Ninth Circuit 's Decision Conflicts with Other Circuit Court Reasoning…
24-6660 Xiaorong Lan v. University of Texas at San Antonio Fifth Circuit 2025-02-27 Denied Response WaivedIFP appellate-review civil-procedure credibility-of-evidence material-facts standard-of-review summary-judgment 1. Should UTSA's summary judgement be granted when unsolved genuine issues of material facts are presented, and the credibility of evidence is questio…
24-6650 Abdullah Sall v. Sarah Fair George, et al. Second Circuit 2025-02-27 Denied Response WaivedIFP civil-rights conspiracy defamation discrimination statute-of-limitations summary-judgment According to established legal precedent, the deadline for submitting an appeal carries substantial legal implications for both litigants and defendan…
24-886 Christopher Schurr v. Peter Lyoya, Personal Representative for the Estate of Patrick Lyoya, Deceased Sixth Circuit 2025-02-18 Denied Amici (1)Response Waived deadly-force law-enforcement pleading-stage qualified-immunity summary-judgment video-evidence 1. Whether Scott v. Harris permits courts to resolve qualified immunity at the pleading stage based on objective video evidence that demonstrates the …
24-883 Molly Vogt, as Trustee for the Heirs and Next of Kin of Joshua Vogt, Deceased v. CO Robert Anderson, et al. Eighth Circuit 2025-02-18 Denied Amici (3) adverse-inference circuit-split civil-procedure evidence-destruction spoliation summary-judgment When a party destroys evidence "with the intent to deprive another party of the information's use in the litigation," Federal Rule of Civil Procedure …
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…
24-824 Bernice M. Rutland v. Regions Bank, as Trustee of the William Hunter Rutland Family Trust Mississippi 2025-02-04 Denied Response WaivedRelisted (2) chancery-court due-process fourteenth-amendment judicial-notice rule-56 summary-judgment This case presents one of first impression and of national importance and significance because it conflicts with well-established rules and principles…
24-811 Wei Qiu v. Woodford County, Kentucky Board of Education Sixth Circuit 2025-01-31 Denied Response Waived due-process employment-discrimination equal-protection race-discrimination summary-judgment title-vii 1. Can facts be removed from a summary motion under Rule 56 of the Federal Rules of Civil Procedure? 2. Did the three judges of the instant case and …
24-6392 Joseph Raymond McCoy v. Angel Gonzales, et al. Ninth Circuit 2025-01-27 Denied Response WaivedRelisted (2)IFP district-court judicial-review legislative-intent magistrate-judge procedural-fairness summary-judgment 1. Whdb statutory time period is computed from a particular day sr^v&ntf First day is excluded and the last day included. Does this apply also to the …
24A719 Todd White v. ACell, Inc. Fourth Circuit 2025-01-22 Presumed Complete evidentiary-ruling false-claims-act jury-verdict pro-se-plaintiff retaliation-claim summary-judgment Question not identified.
24-776 Paul S. Astrup v. United States Second Circuit 2025-01-22 Denied Response Waived constitutional-rights due-process first-amendment petition-clause seventh-amendment summary-judgment 1. Pursuant to SCOTUS Rule 13.3, did the lower court appropriately entertain an untimely petition for rehearing thus fixing the time for Astrup to fil…
24-6296 Liren Wang v. Michael Dennis Iverson, et al. California 2025-01-14 Denied IFP 14th-amendment civil-procedure constitutional-rights due-process fair-tribunal summary-judgment It is well known that US has the fairest if not the perfect jury trial system. California civil system has motion for summary judgment (MSJ) to preven…
24A677 NexPoint Asset Management, L.P., fka Highland Capital Management Fund Advisors, L.P., et al. v. Highland Capital Management, L.P. Fifth Circuit 2025-01-10 Presumed Complete bankruptcy-litigation burden-of-proof credibility-determination oral-agreement summary-judgment testimonial-evidence Whether the Fifth Circuit erred in applying the summary judgment standard under Rule 56 by drawing its own credibility determinations and adverse infe…
24A661 Nazir Khan v. Merit Medical Systems, Inc. Federal Circuit 2025-01-03 Presumed Complete appellate-review district-court en-banc-petition legal-reasoning patent-law summary-judgment Question not identified.
24-709 Kirk E. Knopp v. CSX Transportation Inc. Sixth Circuit 2025-01-03 Denied Response Waived first-amendment notice-requirements railway-labor-act social-media-policy summary-judgment union-representation Whether indirect notice to an employee by a union representative satisfies 45 U.S.C. § 153, First (j) (reproduced at Pet. App. 17a), when the union ma…
24A646 American Medical Equipment, Inc. v. United States Federal Circuit 2024-12-31 Presumed Complete appellate-record contract-dispute covid-impact federal-circuit rule-10e summary-judgment Question not identified.
24A624 Molly Vogt, as Trustee for the Heirs and Next of Kin of Joshua Vogt, Deceased v. CO Robert Anderson, et al. Eighth Circuit 2024-12-26 Presumed Complete adverse-inference civil-rights jury-trial section-1983 spoliation summary-judgment Question not identified.
24A610 AMN Distribution, Inc., a Delaware Corporation, et al. v. Athena Cosmetics, Inc., a Delaware Corporation Ninth Circuit 2024-12-19 Presumed Complete attorney-fees fee-calculation hensley-standard legal-misconduct summary-judgment trademark-dispute Question not identified.
24-6171 Demajio J. Ellis v. Linda Carper, et al. Seventh Circuit 2024-12-18 Denied Response WaivedIFP appellate-procedure circuit-court-review district-court-decision evidence-suppression motion-to-suppress summary-judgment Question not identified.
24A568 Thomas Ostly v. City and County of San Francisco, et al. Ninth Circuit 2024-12-11 Presumed Complete due-process employment-discrimination first-amendment public-employee retaliation summary-judgment Question not identified.
24-623 Lanlan Li v. Fresenius Kabi USA, LLC Seventh Circuit 2024-12-06 Denied americans-with-disabilities-act employment-discrimination essential-job-function interactive-process pretext-analysis summary-judgment 1. Whether an "essential job function," is a question of fact for the jury. 2. Whether the Seventh Circuit, along with many other circuits, is allowi…
24-608 Daniel Montes, Jr. v. Bertha A. Tibbs Fifth Circuit 2024-12-04 Denied Response Waived civil-procedure claim-assignment federal-rules jurisdiction precedent-conflict summary-judgment Whether the Fifth Circuit's decision conflicts with this Court's binding precedent in Caribbean Mills, Inc., 394 U.S. 823 (1969), footnote 9 (citation…
24-570 Mary Dawes, Individually and as Administrator of the Estate of Decedent Genevive A. Dawes, et al. v. City of Dallas, Texas, et al. Fifth Circuit 2024-11-21 Denied Response RequestedResponse WaivedRelisted (7) body-camera-evidence officer-testimony qualified-immunity section-1983 summary-judgment use-of-deadly-force In a qualified immunity determination on summary judgment, did the officer's testimony that he subjectively believed there was a danger justifying the…
24-564 QYK Brands LLC, dba Glowyy v. Federal Trade Commission Ninth Circuit 2024-11-20 Denied administrative-law agency-deference chevron-doctrine federal-trade-commission judicial-review summary-judgment In Loper Light Enterprises v. Raimondo, 144 S. Ct. 2244 (2024), this Court overturned one of the foundational tenets of administrative law: a common l…
24-553 Donijah Virgo v. Heather Michelle Roberts, et al. Alabama 2024-11-18 Denied Response Waived civil-procedure constitutional-rights contributory-negligence due-process equal-protection summary-judgment In the District Court of Mobile, AL Donijah Virgo's constitutional rights were violated when complaint was not officially served to the parties involv…
24A489 Bernice Rutland v. Regions Bank, as Trustee for the William Hunter Rutland Family Trust Mississippi 2024-11-15 Presumed Complete divorce-decree evidence-rules judicial-notice property-settlement summary-judgment trust-interpretation Question not identified.
24-546 Karin Weng v. Julie A. Su, Acting Secretary of Labor District of Columbia 2024-11-15 Denied Response Waived comparator-evidence disciplinary-charges due-process employment-discrimination pretext summary-judgment This petition presents three questions pertaining to an employment discrimination plaintiff's evidentiary burden in summary judgment proceedings to pr…
24-538 Donna Chisesi, Administratrix of the Estate of Jonathon Victor, Deceased v. Matthew Hunady, et al. Eleventh Circuit 2024-11-13 Denied civil-rights interlocutory-appeal law-enforcement qualified-immunity section-1983 summary-judgment After a police officer fatally shot Jonathan Victor, Victor's estate sued the officer and his supervisor, Sherriff Huey Mack, under 42 U.S.C. § 1983. …
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…
24A469 Urvashi Bhagat v. United States Patent and Trademark Office, et al. Federal Circuit 2024-11-08 Presumed Complete constitutional-violation due-process expert-testimony federal-circuit patent-dispute summary-judgment 1. May courts substantially disregard a party's briefs resulting in failure to hear the party and due process violations per Snyder v. Com. Of Mass., …
24-5915 Willie D. Orr v. Zorian Trusewych, et al. Seventh Circuit 2024-11-05 Denied Response WaivedIFP appellate-review district-court in-forma-pauperis legal-procedure motion-to-proceed summary-judgment I. DID THE U.S.DISTRICT COURT, FOR THE CENTRAL DISTRICT OF ILLINOIS, ERR WHEN THE COURT GRANTED THE DEFENDANTS SUMMARY JUDGMENT?MOTION FOR II. WHAT…
24-5885 Sherrell Dowdell-McElhaney v. Global Payments Inc., et al. Eleventh Circuit 2024-11-01 Denied Relisted (2)IFP civil-rights-act employment-discrimination protected-opposition-activity retaliation summary-judgment workplace-discrimination The United States Court of Appeals for the 11th District Court had jurisdiction over this matter, which presented a plethora of important issues, rega…
24-491 Bernice Rutland v. Robinson Property Group, L.L.C., et al. Fifth Circuit 2024-10-31 Denied Relisted (2) conclusory-allegations evidentiary-standard federal-civil-procedure fifth-circuit stare-decisis summary-judgment 1. Whether the Fifth Circuits ruling conflicts with this Court's ruling on case law and Summary Judgement, F.R.C.P. 56(a). 2. Whether a District Cour…
24-492 Marino Scafidi v. Las Vegas Metropolitan Police Department, et al. Ninth Circuit 2024-10-31 Denied 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…
24-5878 Celeste M. Gonsalves v. Stuart B. Glauberman, by His Managing Agent, KFG Properties, Inc., et al. Hawaii 2024-10-31 Denied Response WaivedRelisted (2)IFP constitutional-rights due-process equal-protection eviction hud-section-8 summary-judgment Whether the Intermediate Court of Appeals of Hawaii erred when affirming the lower trial court's rulings for two concurrent evictions both by Motions …
24A432 Mark Irland v. Marengo Memorial Hospital, dba Compass Memorial Healthcare, et al. Iowa 2024-10-31 Presumed Complete civil-rights contract-interpretation employment-dispute release-provision settlement-agreement summary-judgment Question not identified.
24-5856 Anthony Shane Martin v. Erin Gaffney, et al. Fourth Circuit 2024-10-29 Denied Response WaivedIFP civil-rights due-process first-amendment qualified-immunity section-1983 summary-judgment Did the lower courts error in ruling to dismiss plaintiffs ' case(s) numbered above on grounds of error of law and misapplied rulings of the courts :1…
24-461 Island Intellectual Property LLC v. TD Ameritrade, Inc., et al. Federal Circuit 2024-10-23 Denied Amici (3)Relisted (2) appellate-procedure due-process local-rule-36 patent-law seventh-amendment summary-judgment This case represents a dangerous trend in patent cases whereby district courts grant summary judgment while ignoring factual disputes and/or weighing …
24A380 Mahfooz Ahmad v. Colin Day, et al. Second Circuit 2024-10-22 Presumed Complete employment-discrimination frivolous-appeal habeas-corpus intellectual-property pro-se-litigation summary-judgment Question not identified.
24-5781 Marquice D. Robinson v. Michael Holman, et al. Eleventh Circuit 2024-10-18 Denied Response WaivedRelisted (2)IFP adverse-action circuit-split collective-bargaining employment-law summary-judgment tenth-amendment 1. Whether The Eleventh Circuit Court of Appeals erred in essentially holding in conflict with The Ninth Circuit Court of Appeals that a violation of …
24-5773 Sedric Q. Sutton v. Charlton Smith, et al. Fifth Circuit 2024-10-17 Denied Relisted (2)IFP constitutional-violation drug-possession fourth-amendment illegal-seizure search-warrant summary-judgment Whether the United States Court of Appeals for the Fifth Circuit erred in granting the Motion for Summary Judgment denying Damages for an Illegal Sear…
24-415 Cicel (Beijing) Science & Technology Co., Ltd. v. Misonix, Inc. Second Circuit 2024-10-15 Denied Relisted (2) circuit-court email-interpretation evidence-standard judicial-review non-movant-rights summary-judgment 1. Whether the Court should summarily reverse the Second Circuit decision affirming summary judgment against Petitioner. 2. Whether the Second Circui…
24-399 Helen Allen v. Ford Motor Company Seventh Circuit 2024-10-09 Denied Response WaivedRelisted (2) employment-law first-amendment hostile-work-environment racial-harassment summary-judgment workplace-discrimination 1. Whether evidence of Harassment and Discrimination, as documented by Petitioner in numerous complaints that were acknowledged by Ford Motor Company …
24-378 Muzafar Babakr v. Jacob T. Fowles, et al. Tenth Circuit 2024-10-02 Denied Response Waived burden-shifting civil-procedure excusable-neglect pioneer-factors qualified-immunity summary-judgment Under Federal Rules of Civil Procedure, a moving party is allowed an out-of-time filing if they establish excusable neglect. Fed. R. Civ. P. 6(b)(1)(B…
24-358 Faresha Sims v. University of Maryland Medical System Corporation, et al. Fourth Circuit 2024-10-01 Denied Response Waived appellate-review civil-procedure federal-rules jury-trial seventh-amendment summary-judgment "Like the Federal Rules of Criminal Procedure, the Federal Rules of Civil Procedure are as binding as any statute duly enacted by Congress, and federa…
24-357 Wei Qiu v. Scott County Board of Education Sixth Circuit 2024-10-01 Denied Response Waived civil-rights-act discrimination due-process pro-se-litigant rule-59e summary-judgment 1. Can the court deny a litigant to file her 59(e) motion and sanction motion? 2. Did the court violate Qiu's Constitutional right to Due Process und…
24A300 Esther Darnell v. Department of Justice, et al. Fifth Circuit 2024-09-27 Presumed Complete burden-shifting discovery-compliance employment-discrimination mcdonnell-douglas personal-knowledge summary-judgment Question not identified.
24A268 Marino Scafidi v. Las Vegas Metropolitan Police Department, et al. Ninth Circuit 2024-09-17 Presumed Complete exculpatory-evidence fourth-amendment malicious-prosecution probable-cause summary-judgment warrantless-search Question not identified.
24-5555 Jermall Johnson v. United States Third Circuit 2024-09-16 Denied Response WaivedIFP appellate-review government-motion judicial-procedure motion-for-summary-action summary-judgment third-circuit Whether the Third Circuit Court of Appeals erred in granting the Government's Motion for Summary Action.
24A261 Lilia Belkova v. PNC Bank, N.A. Eleventh Circuit 2024-09-13 Presumed Complete bankruptcy foreclosure lien-rights mortgage-dispute pro-se summary-judgment Question not identified.
24-287 Jennifer Root Bannon, as the Special Personal Representative of the Estate of Juston Root v. David Godin, Boston Police Officer, et al. First Circuit 2024-09-12 Denied Relisted (2) circuit-split credibility-assessment deadly-force evidence-weighing factual-determination summary-judgment 1. Did the appeals court improperly create new summary judgment standards under which a court may assess the summary judgment record by making fact…
24-5522 Billie R. James v. Southland Casino Eighth Circuit 2024-09-11 Denied IFP age-discrimination civil-rights employment-law prima-facie-case procedural-fairness summary-judgment Did the District Court's and the Court of Appeals' failure to address James' allegations (i.e. forgeries and fabricated documents, denial of motions, …
24A251 Darryl Carter, et al. v. James E. Stewart, Sr., in his Official Capacity as District Attorney of Caddo Parish, Louisiana Fifth Circuit 2024-09-10 Presumed Complete civil-rights fourteenth-amendment jury-selection peremptory-challenges racial-discrimination summary-judgment Question not identified.
24-5415 Glen Earl Claiborne, Sr. v. JPMorgan Chase Bank, N.A. Eleventh Circuit 2024-08-29 Denied IFP civil-rights judicial-discretion meaningful-attorney-involvement pro-se summary-judgment wrongful-foreclosure Did the District Court and Appeals Court committed reversible error, abuse of discretion, and error as a matter of law and did not enforce the statute…
24-221 Douglas Alan Dyson v. Whitley County Regional Water & Sewer District, et al. Indiana 2024-08-29 Denied Response WaivedRelisted (2) constitutional-rights first-amendment free-exercise judicial-proceeding jurisdictional-authority summary-judgment 1. Whether the trial court Judge Matthew Rentschler, (Judge Rentschler) violated the organic law and constitutional provisions to supplant his orders …
24-5407 Darnell Anderson v. Aaron Fuson, et al. Sixth Circuit 2024-08-28 Denied Response WaivedIFP bivens-doctrine constitutional-claim deliberate-indifference eighth-amendment federal-corrections summary-judgment 1. Whether the Court of Appeals erred when it determined that petitioner's Eighth Amendment claim of deliberate indifference against a federal correct…
24-217 SFA Holdings, Inc., fka SAKS Incorporated v. 4 Stratford Square Mall Holdings, LLC Seventh Circuit 2024-08-28 Denied Response Waived article-iii-standing contract-interpretation federalism lease-agreement summary-judgment waiver-doctrine 1. Whether the United States Court of Appeals for the Seventh Circuit—in holding that Petitioner waived its right to assert affirmative defenses under…
24A205 Bernice Rutland v. Robinson Property Group, L.L.C., et al. Fifth Circuit 2024-08-26 Presumed Complete casino-liability duty-of-care negligence premises-liability scooter-accident summary-judgment Question not identified.
24-5390 Paulina Buhagiar v. Wells Fargo Bank, N.A. Ninth Circuit 2024-08-26 Denied Relisted (2)IFP ada employment-discrimination intentional-emotional-distress ninth-circuit summary-judgment title-vii 1. Whether the Ninth Circuit erred in affirming the district court's grant of summary judgment in favor of Wells Fargo on Buhagiar's claims of discrim…
24-5358 James Andrew Metcalf v. GEO Group, Inc., et al. Fourth Circuit 2024-08-21 Denied Response WaivedIFP constitutional-rights court-access covid-19-restrictions prisoners-rights pro-se-filing summary-judgment Are prisoners' Constitutional Rights to access the Courts violated when the institutional law library is closed in response to COVID-19 protocols, lea…
24-195 Bensam Swakeen v. Mary S. Pandian, et al. Second Circuit 2024-08-21 Denied bankruptcy-fraud bankruptcy-procedure due-process financial-disclosure judicial-misconduct summary-judgment 1. Sufficient time not provided for opposition to summary judgment 2. Trustee 's office failed to provide personal documents on record 3. Counsel did …
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…
24-188 Menorah Mivtachim Insurance Ltd., et al. v. John D. Sheehan, et al. Second Circuit 2024-08-21 Denied appellate-review circuit-court claim-dismissal legal-reasoning loss-causation summary-judgment 1. Whether the Second Circuit Court of Appeals erred in affirming a summary judgment decision by the district court that failed to provide a reason fo…
24-177 Alison Gershenson v. Elizabet Da Silva Florida 2024-08-20 Denied appellate-procedure due-process equal-protection fourteenth-amendment per-curiam-decision summary-judgment 1. Whether Florida's rules of appellate procedure which provide for the issuance by the Court of Appeals of a per curiam decision, without an opinion,…
24A175 Celeste M. Gonsalves v. Stuart B. Glauberman, by his Managing Agent, KFG Properties, Inc., et al. Hawaii 2024-08-15 Presumed Complete due-process eviction hud-regulations judicial-bias section-8 summary-judgment Question not identified.
24A165 Muzafar Babakr v. Jacob T. Fowles, et al. Tenth Circuit 2024-08-12 Presumed Complete circuit-split civil-procedure excusable-neglect federal-rules pioneer-factors summary-judgment Question not identified.
24-5291 Ethan Printemps-Herget v. Louis DeJoy, Postmaster General Ninth Circuit 2024-08-09 Denied Response WaivedRelisted (2)IFP constitutional-rights federal-court-procedure legal-representation pro-se-litigation summary-judgment witness-testimony Are Pro Se litigants entitled to participate fully in the legal process? How are pro se litigants expected to know case law to identify precedent? As…
24A145 Ronald Hittle v. City of Stockton, California, et al. Ninth Circuit 2024-08-07 Presumed Complete bostock-standard but-for-causation mcdonnell-douglas-framework religious-discrimination summary-judgment title-vii 1. This case raises an important issue regarding the summary judgment standard in Title VII actions after Bostock v. Clayton County, Georgia, 590 U.S.…
24-132 Mark Bambach, et al. v. Gina Moegle, et al. Sixth Circuit 2024-08-06 Denied Response Waived civil-procedure-jurisdiction constitutional-rights due-process johnson-v-jones jurisdiction qualified-immunity section-1983 summary-judgment tolan-v-cotton Whether a Court fails to follow the law, is a legal question. Whether a Court's holding expands jurisdiction is a matter of law. Where the only issue …
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…
24-112 Millia Promotional Services, et al. v. Arizona, Acting Through Arizona Department of Economic Security, Division of Employment and Rehabilitation Services Ninth Circuit 2024-08-01 Denied Response Waived circumstantial-evidence civil-rights contract-rights contractual-rights discrimination federal-law jury-trial racial-discrimination section-1981 statutory-interpretation summary-judgment Question not identified.
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…
24-88 John Doe v. The Trustees of Indiana University, et al. Seventh Circuit 2024-07-29 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) circuit-split civil-procedure civil-rights due-process judicial-discretion pseudonym retaliation standing summary-judgment title-ix 1. Whether a district court abuses its discretion when, without a finding of risk of physical harm, improper retaliation, or minor status, it permits …
24-65 Tony Ping Yew, as Executor of the Estate of John Y. Wei v. Matthew J. Platkin, Attorney General of New Jersey, et al. Third Circuit 2024-07-19 Denied civil-procedure civil-procedure-rule-60b en-banc-review federal-jurisdiction judicial-immunity procedural-defect rooker-feldman-doctrine sovereign-immunity summary-judgment void-judgment The very act of invoking judicial, sovereign immunity and Rooker-Feldman to dismiss may have violated Fed. R. Civ. P. 60(b)(4) where a void judgment m…
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?
24A47 Cicel (Beijing) Science & Technology Co., Ltd. v. Misonix, Inc. Second Circuit 2024-07-16 Presumed Complete foreign-corrupt-practices-act inference-drawing material-factual-dispute non-moving-party standard-of-review summary-judgment Question not identified.
24-40 Leonard L. Grigsby, et al. v. United States Fifth Circuit 2024-07-15 Denied Response Waived administrative-agency administrative-agency-finding burden-of-proof funding-exclusion independent-review judicial-review presumption-of-correctness research-activities research-and-development-tax-credit summary-judgment tax-credit 1. Whether, under a proper application of law, an administrative agency finding should be given the presumption of correctness when it is uncontrovert…
24A32 Marino Scafidi v. Las Vegas Metropolitan Police Department, et al. Ninth Circuit 2024-07-11 Presumed Complete appellate-review civil-rights ninth-circuit pro-se section-1983 summary-judgment Whether the Ninth Circuit, when granting summary judgment to the movants, clearly ignoring Nevada state court judgments that concluded the LVMPD viola…
24-15 Paulette Smith, Individually and as Successor in Interest to Albert Dorsey, Deceased v. Edward Agdeppa Ninth Circuit 2024-07-09 Denied clearly-established excessive-force fourth-amendment police-shooting qualified-immunity section-1983 summary-judgment use-of-force In the context of Fourth Amendment claims alleging excessive force, the determination of a police officer's entitlement to qualified immunity in summa…
24-10 Marecia Bell v. Denis R. McDonough, Secretary of Veterans Affairs Eleventh Circuit 2024-07-09 Denied Response Waived 42-usc-2000e-16 employment-law federal-employment pay-discrimination protected-class summary-judgment title-vii title-vii-discrimination 1. Whether a failure to follow federal rules relating to pay without credible explanation that results in a protected class receiving less pay than ot…
24A10 Kieran Ravi Bhattacharya v. James B. Murray, Jr., in His Official Capacity as Rector of the Board of Visitors of the University of Virginia, et al. Fourth Circuit 2024-07-08 Presumed Complete due-process first-amendment free-speech jury-trial summary-judgment university-discipline Question not identified.
23-1347 Fang Zeng v. Mingan Chen, et al. Ninth Circuit 2024-06-26 Denied burden-shifting civil-procedure civil-procedure 23-1346" default-judgment default-judgments due-process employment-discrimination foreign-defendant foreign-defendants Is the McDonnell Douglas framework applicable to m mixed-motive personal-jurisdiction pretext service-of-process substituted-service summary-judgment title-vii In these federal cases Plaintiffs could not locate Defendant in California for personal service of process, because at all times Defendant was a res…
23-1346 The Golub Corporation v. Elaine Bart Second Circuit 2024-06-26 Denied burden-of-proof burden-shifting employment-discrimination mcdonnell-douglas mixed-motive pretext summary-judgment title-vii 1. Is the McDonnell Douglas framework applicable to mixed motive discrimination cases, and if so, how are the three stages of that framework to be for…
23A1134 Faresha Sims v. University of Maryland Medical System Corporation, et al. Fourth Circuit 2024-06-21 Presumed Complete civil-procedure district-court pro-se-appeal reconsideration rule-59-motion summary-judgment Question not identified.
23-1333 Sami Azmi, et al. v. John Sylvester Penny Ninth Circuit 2024-06-21 Denied civil-rights clearly-established excessive-force law-enforcement ninth-circuit qualified-immunity summary-judgment undisputed-evidence video-evidence In ruling on a claim for qualified immunity raised in a motion for summary judgment, does a court's obligation to view the evidence in the light most …
23A1123 Sylvester Traylor v. Pacciuco LLC Connecticut 2024-06-18 Presumed Complete civil-procedure due-process notice-requirement premature-execution state-court summary-judgment Question not identified.
23-7720 Patsy N. Sakuma v. Association of Apartment Owners of the Tropics of Waikele, et al. Ninth Circuit 2024-06-14 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights cross-appeal cross-appeal-rules due-process jurisdiction jurisdictional-exception rico-merits rooker-feldman rooker-feldman-doctrine summary-judgment 1. Whether 42 U.S.C. Sections 1985(2),(3) and a new RookerFeldman exception that exists also under Lance v. Dennis are jurisdictional exceptions to th…
23-1303 Craig Malin v. Lee Enterprises, Inc., et al. Iowa 2024-06-13 Denied actual-malice civil-rights defamation due-process first-amendment free-speech jury-trial publication-law summary-judgment As a global information network accessible by smartphones was science fiction, New York Times v. Sullivan federalized libel law in 1964. Variously cri…
23-1297 Michael Roane v. Tina Ray Fourth Circuit 2024-06-12 Denied clearly-established-law fourth-amendment fourth-amendment-seizure objective-reasonableness personal-property qualified-immunity self-defense summary-judgment unreasonable-seizure 1. Whether Roane's act had to be the "necessary" or "unavoidable" act, rather than within a range of objective reasonableness, to be considered an act…
23-7702 Stevie Whitehorn v. Maverick Tube Corporation, fka Tenaris Hickman Eighth Circuit 2024-06-12 Denied Response WaivedIFP civil-rights due-process employment-discrimination equal-protection fourteenth-amendment pretext-evidence racial-discrimination standard-of-review summary-judgment 1. Whether the fact that Respondent, Maverick Tube Corporation, fabricated false (fraudulent) evidence of a photograph of a truck in the foreground wi…
23A1094 Daniel A. Madero v. Owen McGuinness Seventh Circuit 2024-06-07 Presumed Complete circuit-split due-process exculpatory-evidence law-enforcement probable-cause summary-judgment Question not identified.
23-7659 Miracle Hurston v. Indiana Gaming Company, LLC, dba Hollywood Casino Lawrenceburg Seventh Circuit 2024-06-07 Denied Response WaivedIFP civil-rights contract-rights due-process equal-justice intentional-discrimination prima-facie prima-facie-case procedural-due-process section-1981 summary-judgment trial Section 1981 of Title 42 provides "all persons " in the United States "the same right " "to make and enforce contracts " as is "enjoyed by white citiz…
23-7621 Kevin Rashaan Golden v. City of Longview, Public Works Division, et al. Fifth Circuit 2024-06-03 Denied Response WaivedRelisted (2)IFP civil-procedure discrimination discrimination-claim federal-rules-of-civil-procedure mcdonnell-douglas mcdonnell-douglas-test reeves rule-52 rule-56 summary-judgment A. Whether the court of appeals departed from this Court's holdings expressed in Reeves, Harris, Celotex and Matsushita interpretation of Rule 56(c) o…
23-7589 Yuri I. Lee, aka Yuri Imuta v. U.S. Bank National Association, Successor Trustee to Bank of America, National Association, Successor in Interest to Lasalle Bank National Association California 2024-05-29 Denied Relisted (2)IFP 7th-amendment civil-procedure common-law constitutional-rights due-process equity-value jury-trial scheiding-v-dinwiddie summary-judgment trial-by-jury A serious conflict exists between decisions rendered from this Court and lower state courts, along with constitutional provisions and statutes, in dec…
23-7574 Marcus Donte Middlebrook v. Kelly M. Wellman, et al. Sixth Circuit 2024-05-29 Denied Response WaivedIFP civil-rights deliberate-indifference due-process free-exercise judicial-discretion medical-needs rluipa summary-judgment DID THE US DISTRICT COURT JUDGE ABUSE ITS DISCRETION IN ADOPTING THE MAGISTRATE'S REPORT AND RECOMMENDATION, GRANTING THE DEFENDANT'S MOTION FOR SUMMA…
23-1243 Kirk Johnston v. Chad Kroeger, et al. Fifth Circuit 2024-05-24 Denied Relisted (2) access access-evidence copyright-infringement damages damages-discovery expert-evidence expert-testimony musicology substantial-similarity summary-judgment My name is Kirk Johnston, and I brought suit against the members of Nickelback and Warner Chappell for copyright infringement upon learning that my so…
23-7552 Jermeal White v. Ronald Erdos, Warden, et al. Sixth Circuit 2024-05-23 Denied Response WaivedIFP appeals civil-rights court-of-appeals district-court due-process evidence-review legal-procedure scotus-review summary-judgment use-of-force Did the united court of Appeals for the Sixth Circuit review the full merits of the Videotape? Did the united states Court of appeals error When it f…
23-7538 Jose Luis Garcia v. Kyeong Park Ninth Circuit 2024-05-22 Denied Response WaivedIFP appellate-review civil-rights deliberate-indifference due-process judicial-discretion medical-care medical-malpractice qualified-immunity standard-of-care summary-judgment Did the Court of Appeals Erred in Affirming Summary Judgment When There Is Evidence of Deliberate Indifference of Dr* Park?
23-1232 Estate of Allan George, et al. v. City of Rifle, Colorado, et al. Tenth Circuit 2024-05-22 Denied Response Waived circuit-split civil-rights due-process factual-findings interlocutory-appeal jurisdictional-limits qualified-immunity scott-v-harris summary-judgment 1. Whether the Tenth Circuit erred in expanding this Court's decision in Scott v. Harris to swallow the rule of limited jurisdiction on interlocutory …
23-7519 Willie J. Williams, aka Willie Joe Williams v. Kelvin Malher, et al. Fourth Circuit 2024-05-21 Denied IFP appellate-review civil-procedure court-jurisdiction due-process federal-courts legal-error procedural-due-process standing summary-judgment Did the Federal Court(s) and the Appellate Court(s) error by altering and omitting the Petitioners first allegation and denying the second docketed …
23-7493 Lisa Marie Perez, fka Lisa Marie Belyew v. Captain Duch, et al. Ninth Circuit 2024-05-17 Dismissed IFP administrative-law civil-procedure civil-rights constitutional-provisions genuine-issues-of-fact judicial-review jury-trial legal-interpretation precedent standing statutory-construction summary-judgment h \o\\rifoejr o^rcmVw^c^ SMma.f\) juAgm&ftV -tW uids ^rh'MT uSViir> ^dAjLiitte_ ihQA-es £cuJlr ^x.\s\ea cmcV \uur\ ) -\ri&D cUjfA/mckdL / rf/lcUf-tea…
23-7495 In Re Grace Woodham 2024-05-16 Denied IFP administrative-law certiorari civil-rights court-procedure deliberate-indifference due-process judicial-review legal-petition standing summary-judgment supreme-court Question not identified.
23-7469 Kenneth Del Signore v. Nokia of America Corporation, et al. Seventh Circuit 2024-05-14 Denied IFP civil-procedure civil-rights discovery discovery-rules due-process false-claims-act medical-records pro-se pro-se-plaintiff standing summary-judgment whistleblower-retaliation 1. Should a Pro Se Plaintiff be granted special considerations by Federal Judges based on their lack of experience with the Federal Rules? In this cas…
23-7430 Timothy Edward Peterson v. James Salmonsen, et al. Ninth Circuit 2024-05-09 Denied Response WaivedIFP abuse-of-discretion civil-rights due-process fairness judicial-fairness plain-error procedural-integrity summary-judgment willful-blindness Plain Error; Summary Judgment; Willful Blindness; Abuse of Discretion; Fairness; Integrity and Public Reputation of Judicial Proceedings.
23-7435 Mariette Harris v. Miles W. Ellis, et al. Alabama 2024-05-09 Denied Response WaivedRelisted (2)IFP alabama-law burden-of-proof civil-procedure discovery-rule statute-of-limitations summary-judgment 1. The first question presented is whether petitioner Mis. Harris filed on time for the Alabama Discovery rule section 6-5-482(a) Ala code 1975 the si…
23A996 Yoel Weisshaus v. Steve Coy Teichelman, et al. Fifth Circuit 2024-05-08 Presumed Complete circuit-split constitutional-rights qualified-immunity racial-profiling reasonable-suspicion summary-judgment Question not identified.
23-7400 Leslie J. Reynard v. Washburn University of Topeka Tenth Circuit 2024-05-07 Denied Relisted (2)IFP ada-accommodation ada-title-i eeoc-filing eeoc-filing-requirements equitable-tolling light-sensitivity qualified-disabled-employees reasonable-accommodation seizure-disorder summary-judgment I. Title I mandates employers to reasonably accommodate qualified, disabled employees who request help. Dr. Reynard's lifelong seizure disorder is tri…
23-1198 Harisadhan Patra, et ux. v. Pennsylvania State System of Higher Education, et al. Third Circuit 2024-05-07 Denied Response Waived civil-procedure first-amendment frcp-56 independent-review local-rules material-facts religious-harassment statement-of-material-facts summary-judgment supreme-court-precedents workplace-discrimination Supreme Court precedents require, "The evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor." Ande…
23-1179 United States, ex rel. Regie Salgado, et al. v. TruConnect, et al. Ninth Circuit 2024-05-01 Denied civil-procedure fact-issue litigation-strategy self-serving self-serving-testimony summary-judgment testimony uncorroborated uncorroborated-evidence Whether a party's own testimony can create a fact issue to defeat summary judgment when the testimony is uncorroborated and self-serving.
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…
23-1164 Battle Born Investments Company, LLC, et al. v. United States Ninth Circuit 2024-04-29 Denied burden-of-proof circuit-split civil-forfeiture ownership-interest ownership-standing property-claim standing statutory-interpretation summary-judgment Where a claimant asserts an ownership interest, does the claimant's standing at summary judgment require only some evidence of ownership, as six circu…
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 …
23-1152 Bernadette Dickerson v. Koch Foods, LLC, et al. Eleventh Circuit 2024-04-23 Denied Response Waived civil-rights ex-parte-communication federal-procedure fraud judicial-bias pro-se-litigation retaliation sex-discrimination summary-judgment title-vii Whether if I didn't give consent for my case to be conducted by the magistrate Judge Kelly Pate. Rule 73. 28 U.S.C. § 636(c). A record must be made of…
23-7277 Benny Stewart v. Tom Green, Warden, et al. Ninth Circuit 2024-04-19 Denied Response WaivedIFP abuse-of-discretion civil-rights fairness judicial-fairness judicial-integrity plain-error summary-judgment willful-blindness Plain Error; Summary Judgment; Willful Blindness; Abuse of Discretion; Fairness; Integrity and Public Reputation of Judicial Proceedings; Ends of Just…
23-7224 Quentin Freeman v. Daniel Deas Fourth Circuit 2024-04-15 Denied Response WaivedIFP 8th-amendment civil-rights due-process excessive-force fourth-amendment inmate-rights prison-conditions prisoner-rights summary-judgment whitley-standard Whether the decision below should be summarily reversed because the Fourth Circuit misapplied the Whitley factors by viewing the evidence in the light…
23-7218 Leslie Shannon v. Cherry Creek School District, et al. Tenth Circuit 2024-04-12 Denied Response WaivedIFP civil-rights discrimination due-process employment-discrimination employment-law equal-protection fifth-amendment fourteenth-amendment retaliation summary-judgment 1. WHY WERE MY FIFTH AND FOURTEENTH AMENDMENT RIGHTS VIOLATED BY BOTH THE DISTRICT AND 10TH CIRCUIT COURTS? 2. WHY WAS MY REQUEST FOR A JURY TRIAL AN…
23-1109 Dietmar Hanke, et al. v. Arizona, et al. Arizona 2024-04-12 Denied Response Waived civil-procedure due-process intervention-right notice notice-requirement prop207-prohibition property-taking standing summary-judgment supremacy-clause takings 1. Do the Intervenors have an absolute right to intervene as a separate, bona fide Party in the State's action to take common lands of their HOA pursu…
23-7186 Anthony Roland v. Department of Justice Seventh Circuit 2024-04-09 Denied Response WaivedIFP civil-procedure due-process federal-rules-of-civil-procedure fourteenth-amendment in-camera-review judicial-system legal-proceeding meet-and-confer preliminary-injunction summary-judgment Whether permitted by Due process shall a ruling and proceeding take place without a "Meet and Confer"? Eventually causing abstract or ambiguous adjudi…
23-7178 Shawn Titus v. Donald L. Schense Nebraska 2024-04-09 Denied Response WaivedIFP 7th-amendment appellate-process due-process equal-access expert-affidavit legal-malpractice seventh-amendment summary-judgment trial-by-jury 1. COULD THE TRIAL COURT DEPRIVE PETITIONER OF HIS 7TH AMENDMENT RIGHT TO A TRIAL BY GRANTING SUMMARY JUDGMENT BASED SOLELY UPON THE DEFENDANT-EXPERT…
23A873 Jose Luis Garcia v. Kyeong Park Ninth Circuit 2024-04-01 Presumed Complete deliberate-indifference eighth-amendment medical-needs prison-conditions section-1983 summary-judgment Question not identified.
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.
23-1056 Joseph Brent Mattingly v. R.J. Corman Railroad Group, LLC, et al. Sixth Circuit 2024-03-26 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-procedure common-carrier corporate-law federal-procedure fela parent-company subsidiary summary-judgment veil-piercing This case filed under 42 U.S.C. §§51, et seq. (the Federal Employers Liability Act, or "FELA"), presents three questions, to wit: 1. Whether, and to …
23-1031 Deana Pollard Sacks v. Texas Southern University, et al. Fifth Circuit 2024-03-19 Denied Response Waived continuing-violations eeoc-charge hostile-work-environment pleading-standard pleading-standards summary-judgment title-vii 1. Whether a federal court may reject the doctrine of continuing violations in a Title VII hostile-work environment case and eliminate from considerat…
23-1005 Ann Redd-Oyedele v. Santa Clara County Office of Education, et al. Ninth Circuit 2024-03-13 Denied Response Waived age-discrimination burden-of-proof civil-rights disparate-impact due-process employment employment-practices preponderance-of-evidence racial-discrimination summary-judgment Whether a Court may properly grant summary judgment where a party failed to establish, by a preponderance of evidence, as shown in the records, tha…
23A823 Paul Siladi v. Deutsche Bank National Trust Company Connecticut 2024-03-07 Presumed Complete due-process fifth-amendment foreclosure fourteenth-amendment standing summary-judgment Question not identified.
23-985 Yuri J. Stoyanov v. Carlos Del Toro, Secretary of the Navy, et al. Fourth Circuit 2024-03-07 Denied Response Waived civil-procedure civil-rights due-process fraud-upon-court fraud-upon-the-court judicial-misconduct mail-fraud pro-se-litigation standing summary-judgment wire-fraud 1 In this pro se case Petitioner respectfully requests the US Supreme Court to intervene in this case, which is the ninth petition to this Court. I am…
23A816 Battle Born Investments Company, LLC, et al. v. United States Ninth Circuit 2024-03-05 Presumed Complete burden-of-proof civil-forfeiture cryptocurrency-seizure due-process standing-requirement summary-judgment Question not identified.
23-6805 Bharani Padmanabhan v. Cambridge Health Commission Massachusetts 2024-02-22 Denied Relisted (2)IFP active-concealment civil-procedure constitutional-rights fidelity-vs-united-states grounds-of-defense seventh-amendment summary-judgment trial-by-jury In Fidelity & Deposit Co. v. United States, 187 U.S. 315 (1902) the Court explained that granting summary judgment would not violate the right to tria…
23A754 Harisadhan Patra, et ux. v. Pennsylvania State System of Higher Education, et al. Third Circuit 2024-02-15 Presumed Complete chilling-effect first-amendment inter-circuit-split retaliation speech-suppression summary-judgment Question not identified.
23-6745 Raymond Wilson, III v. Fairhaven Police Department, et al. First Circuit 2024-02-14 Denied Response WaivedIFP civil-rights criminal-prosecution due-process equal-protection interstate-crime jurisdictional-issues legal-elements malicious-prosecution prosecutorial-discretion standing statutory-interpretation summary-judgment Why some cases can be successful and prosecute, whereas others cannot, having the same elements yet to be interpreted, and whereas a bias of a certain…
23A728 John Doe v. University of Iowa, et al. Eighth Circuit 2024-02-06 Presumed Complete mixed-motives procedural-due-process section-1983 sex-discrimination summary-judgment title-ix Question not identified.
23A716 Ikorongo Texas LLC, et al. v. Bumble Trading LLC Federal Circuit 2024-02-02 Presumed Complete appellate-procedure certiorari due-process federal-circuit judicial-transparency summary-judgment Question not identified.
23-815 Laurie Ann McRay, et al. v. Dow Golub Remels & Gilbreath PLLC Texas 2024-01-30 Denied Response WaivedRelisted (2) attorney-client-relationship attorney-fees counterclaims due-process judicial-fairness legal-ethics legal-malpractice prosecutorial-fees substitute-counsel summary-judgment trial-procedure When a law firm sues its own clients, demanding an award for both alleged past-due attorney's fees and then attorney's fees for prosecuting the lawsui…
23-6603 Johnnie Demond Jackson v. Kevin R. Sproul, Sheriff, Dougherty County, Georgia, et al. Eleventh Circuit 2024-01-29 Denied Response WaivedIFP appellate-procedure civil-rights confinement constitutional-law due-process federal-jurisdiction interference jurisdiction retaliation summary-judgment Question not identified.
23-817 Michael Donatelli, et al. v. Town of Old Orchard Beach, Maine, et al. Maine 2024-01-29 Denied Relisted (2) civil-procedure due-process equal-protection fourteenth-amendment motion-for-reconsideration motion-for-sanctions spoliation-of-evidence summary-judgment Did the court err in passing on properly disposing of the plaintiffs' filing of a motion for sanctions due to spoliation of evidence mis-styled as a m…
23-6528 Charles L. Burgett v. Martin J. O'Malley, Commissioner of Social Security Eighth Circuit 2024-01-22 Denied Response WaivedIFP 42-usc-2000e civil-rights due-process employment-discrimination pretext prima-facie prima-facie-case summary-judgment title-vii 1. Whether the Court of Appeals applied the correct summary judgment standard on prima facie and on pretext in assessing a case of employment discrimi…
23-6509 Jonathan Joseph Good v. Wendi Walworth, et al. Sixth Circuit 2024-01-18 Denied Response WaivedIFP administrative-law agency-charging-document civil-rights due-process judicial-procedure magistrate notice notice-requirement rule-83 summary-judgment Question No. 1 Should this Court grant Certiorari where Petitioner Good was denied notice when, despite an order of Stay for further discovery and an …
23-754 Van Sant & Co. v. Town of Calhan, Colorado, et al. Tenth Circuit 2024-01-12 Denied antitrust-immunity circuit-split civil-rights due-process government-petitioning-activity local-government local-government-antitrust-act noerr-pennington noerr-pennington-doctrine summary-judgment 1. Does the LGAA entitle local government officials to immunity from antitrust damages when they act unlawfully? 2. Does a Court of Appeals impermiss…
23-6456 Tyree Earl Ford v. Carmine Marceno, et al. Eleventh Circuit 2024-01-11 Denied IFP civil-litigation civil-procedure constitutional-rights court-orders due-process federal-rules-of-civil-procedure judicial-review legal-procedure standing summary-judgment ZdusS (l) ujA/ Mi hsZZtcZ c'oo/S Jizz^&d ?A&</ /«3 r/<? k<Ztr*J /sZt* o£ &»t/ prscid*/* /* CA)0-3)^J a -SW^*/y dZ&fw/Z JvJjisntjtf fiQf fig a ~.£6/ mp…
23-6467 Fairly W. Earls v. Salam Syed, et al. Seventh Circuit 2024-01-11 Denied Response WaivedIFP civil-procedure constitutional-law genuine-issues-of-dispute jury-function rule-of-orderliness summary-judgment supremacy-clause ISSUE 1. Whether the Seventh Circuit Court of Appeals committed error's of Constitution Law by failing to follow the Supremacy Clause of the Federal…
23A636 Weili Cao-Bossa v. Department of Labor Second Circuit 2024-01-09 Presumed Complete civil-service-law employment-discrimination negligent-misrepresentation rule-of-three statute-of-limitations summary-judgment Question not identified.
23-6429 Jan M. Gawlik v. Scott Semple, et al. Second Circuit 2024-01-08 Denied Response WaivedIFP administrative-remedies due-process free-exercise free-exercise-clause mailbox-rule property-rights religious-exercise rluipa summary-judgment WHERE THE CONNECTICUT DISTRICT-COURT -FAILED TO UTILIZE THE,"MAILBOX RULE", WITHIN PLAINTIFFS TIMELY SUBMISSION OF HIS ADMINISTRATIVE RE-MEDIES/EXHAUS…
23-712 Stephen Ireland v. Bend Neurological Associates, LLC, et al. Ninth Circuit 2024-01-03 Denied Response Waived antitrust antitrust-law civil-rights group-boycott market-competition patient-welfare restraint-of-trade sherman-act summary-judgment Whether the Ninth Circuit's decision, by failing properly to acknowledge the evidence Ireland presented, has so far departed from the proper applicati…
23-689 City of Los Angeles, California, et al. v. M. A. R., a Minor, By and Through His Guardian ad Litem, Elisabeth Barragan, Individually and as a Successor in Interest to Daniel Rivera, et al. Ninth Circuit 2023-12-27 Dismissed Response RequestedResponse WaivedRelisted (2) civil-rights clearly-established excessive-force law-enforcement qualified-immunity summary-judgment undisputed-evidence video-evidence In ruling on a claim for qualified immunity raised in a motion for summary judgment, does a court's obligation to view the evidence in the light most …
23-672 Alessandra Nicole Rogers v. Stanton Riggs, et al. Tenth Circuit 2023-12-21 Denied civil-rights concerted-speech first-amendment free-speech garcetti-pickering group-speech petition-rights public-employees summary-judgment This Court, in Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018) and United States v. Nat'l Treasury Emples. Union, 513 U.S. 454, 115 S. Ct. 1003 (1…
23-656 Arthur Lee Hairston, Sr. v. Department of Veterans Affairs Martinsburg, et al. Fourth Circuit 2023-12-18 Denied Response Waived civil-procedure court-of-appeals default-judgment due-process legal-procedure procedural-due-process service-of-process show-cause-order summary-judgment united-states-marshal-service 1. Whether the Court of Appeals decision denying procedural due process in acquiesce to the district court's refusal to properly analyze and adjudicat…
23-654 Malka Leeal v. Newrez LLC, dba Shellpoint Mortgage Servicing, et al. Sixth Circuit 2023-12-18 Denied appellate-review case-caption civil-procedure claims-raised-or-could-have-been-raised district-court final-judgment legal-obligation res-judicata same-transaction summary-judgment 1. WHETHER THE DISTRICT COURT ERRED IN ITS BURDEN TO ESTABLISH ALL FOUR ELEMENTS OF RES JUDICATA AND CONDUCT DE NOVO REVIEW. (I) IT INVOLVES THE SAME …
23-617 Casondra Pollreis, on Behalf of Herself and Her Minor Children, W. Y. and S. Y. v. Lamont Marzolf, et al. Eighth Circuit 2023-12-08 Denied Amici (1)Response RequestedRelisted (2) civil-procedure dashcam-video disputed-facts eighth-circuit non-moving-party scott-v-harris standard-of-review summary-judgment video-evidence After Scott v. Harris, is a court at summary judgment still obligated to view the evidence in the light most favorable to the non-moving party where r…
23-611 Adrian Martinez v. Sean Jenneiahn, et al. Tenth Circuit 2023-12-07 Denied civil-rights constitutional-violation due-process excessive-force police-misconduct qualified-immunity standing summary-judgment use-of-force 1. Whether the Court should reverse or recalibrate the doctrine of qualified immunity. 2. Whether the Tenth Circuit correctly decided that the office…
23-607 Morris S. Glover v. Daniel E. Cohen, et al. Federal Circuit 2023-12-06 Denied bias case-document court-filing due-process legal-document patent-infringement petition prejudice pro-se scotus summary-judgment Question not identified.
23A468 Deirdre Baker v. JEA Eleventh Circuit 2023-11-27 Presumed Complete civil-rights-act judicial-impartiality procedural-due-process race-retaliation summary-judgment title-vii 1. Is it a violation of substantial rights under procedural due process of law when a district judge at the pretrial stage and subsequent circuit judg…
23-550 Laura Barbour Bowes, as Executor of the Estate of Eva Palmer v. Liberty University, Inc. Fourth Circuit 2023-11-21 Denied age-discrimination direct-evidence employment-law fourth-circuit-standard mcdonnell-douglas ministerial-exception prima-facie-case summary-judgment 1. Whether (1) a statement by a university dean, made during the time that the university was deciding whether or not to renew the contract of a th…
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…
23-509 John Doe v. Rollins College Eleventh Circuit 2023-11-14 Denied Response RequestedResponse WaivedRelisted (2) circuit-split doe-v-purdue procedural-deficiencies sex-discrimination summary-judgment title-ix 1. Should this Court resolve the conflict among the Circuits as to the proper test for sex discrimination under 20 U.S.C. § 1681 in Title IX of the Ed…
23-472 Dora L. Bonner v. Triple S Management Corporation, et al. First Circuit 2023-11-03 Denied admissibility-of-evidence affidavit-evidence circuit-court-conflict circuit-court-conflicts civil-procedure discovery discovery-dispute procedural-fairness rico-violations summary-judgment weighing-of-evidence I. Did the First Circuit Court of Appeals error in granting summary judgment to both Triple-S Management Corporation and Triple-S Vida based solely on…
23-457 Terrance Nelson Cates v. Zeltiq Aesthetics, Inc. Eleventh Circuit 2023-10-31 Denied Response WaivedRelisted (2) appellate-review civil-procedure constitutional-rights federal-rules-of-civil-procedure jury-trial medical-evidence summary-judgment 1. Does a circuit court of appeals' appellate review of the grant of a federal summary judgment under Federal Rule of Civil Procedure 56 require the a…
23-445 Christy Williams v. American Honda Motor Company, Incorporated Fifth Circuit 2023-10-27 Denied 14th-amendment 7th-amendment civil-rights due-process expert-testimony fourteenth-amendment jury-trial product-liability seventh-amendment summary-judgment As the first and only sanction ever ordered — or even considered — by the District Court below, that court struck Petitioner Christy Williams' liabili…
23-5897 Cedric Mack v. J.M. Smuckers Co., et al. Tenth Circuit 2023-10-27 Denied Response WaivedRelisted (2)IFP civil-rights discovery-sanctions discrimination due-process employment-discrimination retaliation standing summary-judgment tenth-circuit 1. Cedric Mack brings forth whether The United States District Court of Kansas and The United States Court of Appeals for the Tenth Circuit, questiona…
23A383 Alessandra Nicole Rogers v. Stanton Riggs, et al. Tenth Circuit 2023-10-26 Presumed Complete first-amendment garcetti-pickering group-speech public-concern public-employees summary-judgment Whether the Tenth Circuit's application of the Garcetti/Pickering test to analyze a group's concerted speech to elected officials was appropriate in l…
23-433 Joyce Daniels, as the Administrator of the Estate of Mark Daniels, Deceased v. City of Pittsburgh, Pennsylvania, et al. Third Circuit 2023-10-26 Denied 42-usc-1983 civil-rights due-process judicial-procedure law-enforcement qualified-immunity section-1983 summary-judgment unsworn-testimony wrongful-death A police officer, Gino Macioce, shot and killed Mark Daniels. Shortly after the shooting, Officer Macioce was interviewed by other police officers. Of…
23-426 Ralph Lisby, as the Personal Representative of the Estate of Ashlynn Lisby, Deceased v. Jonathan Henderson, Individually and in His Official Capacity as a Police Officer, et al. Seventh Circuit 2023-10-23 Denied 42-usc-1983 civil-rights civil-rights-claim discovery discovery-rights judgment-on-pleadings pleadings police-misconduct procedural-posture section-1983 summary-judgment 1. Whether, in light of the procedural posture of this case, the Court should convert Respondents' Motion for Partial Judgment on the Pleadings to a M…
23-417 Ron Rutledge v. Board of County Commissioners of Johnson County, Kansas Tenth Circuit 2023-10-19 Denied circuit-split civil-procedure employment-discrimination evidence honest-belief-defense mcdonnell-douglas mcdonnell-douglas-test pretext-analysis summary-judgment 1. Does the honest belief defense violate the axiomatic law of summary judgment requiring the evidence and inferences to be viewed in favor of the non…
23-419 USIC, LLC v. Northern Illinois Gas Company Eleventh Circuit 2023-10-19 Denied appeals appellate-review civil-procedure district-court federal-jurisdiction final-order new-argument postjudgment-motion summary-judgment tolling 1. If a federal court of appeals construes a filing below as a postjudgment motion tolling the time for appeal, does that court have authority to reve…
23-5800 Malcolm Muhammad v. William E. Jackson, et al. Fourth Circuit 2023-10-18 Denied IFP 42-usc-1983 circuit-court civil-rights federal-law free-speech judicial-interpretation land-use property-rights religious-land-use-and-institutionalized-persons-a standing statutory-construction summary-judgment AppelWi-V aliened "tW-p deknciarvW 3ocVisor\3bft€S and. Tu.rf\ff dea^ed hirv^ op-Ids ti c^VvVs ar»<Ur -VU AtvervArKfv^ o/d fteldyoa-^ La^-d vise ar>d…
23-394 Thurayyah Z. Richardson v. The Procter and Gamble Company, et al. New York 2023-10-13 Denied abuse-of-discretion appellate-review civil-procedure constitutional-rights due-process fifth-amendment fourteenth-amendment judicial-discretion material-facts summary-judgment 1. Where a trial court deciding summary judgment resolves genuine issues of disputed material fact adversely to Plaintiff instead of ruling on the law…
23A310 Casondra Pollreis, on Behalf of Herself and Her Minor Children, W.Y. and S.Y. v. Lamont Marzolf, et al. Eighth Circuit 2023-10-10 Presumed Complete dashcam-footage excessive-force qualified-immunity scott-v-harris summary-judgment taser-threat Question not identified.
23-5745 Zephryn (Stephanie) Hammond v. University of Vermont Medical Center Vermont 2023-10-10 Denied IFP burden-of-proof burden-shifting employment-discrimination legal-standards mcdonnell-douglas-framework protected-characteristics retaliation retaliation-claim summary-judgment 1. Under organizational policy when an employee makes a complaint to anyone in a position of authority in regard to a protected characteristic, should…
23-5717 Ronnie Shahar v. United States Ninth Circuit 2023-10-04 Denied Response WaivedIFP civil-rights coin-seizure due-process expert-testimony forfeiture forfeiture-proceedings import-regulations metallurgical-evidence probable-cause seizure standing summary-judgment I. What is the level of proof required from the US Government when it seizes mutilated or damaged coins imported from Chinese recycling factories and…
23-349 Donald Esslinger, et ux. v. Shawn Bass, et ux. Idaho 2023-10-03 Denied Response WaivedRelisted (2) 5th-amendment citizen-citation civil-procedure civil-rights continuance criminal-procedure due-process fifth-amendment parallel-proceedings self-incrimination summary-judgment In an Idaho civil trespass case petitioners were denied a first-time continuance of a summary judgment hearing after they asserted their Fifth Amendme…
23-350 Brigetta D'Olivio, aka Brigetta Alix Anderson, aka Alix Brigetta v. Hilary Thompson Hutson Texas 2023-10-03 Denied Response Waived civil-procedure discovery due-process equal-protection forcible-detainer fourteenth-amendment subject-matter-jurisdiction summary-judgment 1. Did the lower court violate Petitioner's right to due process and equal protection of the law under the Fourteenth Amendment to the U.S. Constituti…
23-5687 Isaac Brunson v. DeKalb County Schools Eleventh Circuit 2023-10-02 Denied Response WaivedIFP age-discrimination civil-rights employment-discrimination federal-rules-of-civil-procedure jury-trial pro-se-litigation seventh-amendment summary-judgment 1) Will the Supreme Court continue to allow federal district and appellate courts to pervert the original intention of the summary judgement device an…
23-332 Cypress-Fairbanks Independent School District v. Jane Roe Fifth Circuit 2023-09-29 Denied article-iii-standing civil-rights deliberate-indifference due-process peer-harassment school-liability standing summary-judgment title-ix Since its landmark decision in Davis v. Monroe County Board of Education, 526 U.S. 629 (1999), the Court has not provided school districts with any gu…
23-331 James Doe v. Gladys Pisani, et al. Second Circuit 2023-09-29 Denied abuse-of-discretion disputed-facts interlocutory-appeal jury-trial material-facts probable-cause qualified-immunity summary-judgment Whether the Court of Appeals erred in concluding that "arguable probable cause" can support a claim for qualified immunity on summary judgment after t…
23-316 Curtiss Davis, III v. Pedro Bonilla, et al. Fourth Circuit 2023-09-27 Denied Response WaivedRelisted (3) civil-liberties civil-procedure civil-rights constitutional-protections due-process intelligence-identities-protection-act punitive-damages restitution sanctuary-policies standing summary-judgment Whether both the US District and US Court of Appeals had inequitably applied US laws to deny restitution; as well as, a default summary judgment and p…
23-305 Larry Rice v. Interfood, Inc., et al. Eighth Circuit 2023-09-26 Denied Relisted (2) 12(b)(6) circuit-split civil-procedure contract-breach dismissal federal-jurisdiction merits missouri-law redressability standing summary-judgment I. Whether a federal court can rule on the merits of a complaint or counterclaim without first ruling on standing. II. Whether the court can decide t…
23-273 Southern-Owners Insurance Company v. American Builders Insurance Company Eleventh Circuit 2023-09-20 Denied appellate-review civil-procedure insurance-coverage legal-issue preservation-of-issues rule-50 summary-judgment Whether a party must reassert in Rule 50 motions a purely legal issue resolved adversely at summary judgment to preserve the issue for appellate revie…
23A251 Obaida Abdulky, et al. v. Lubin & Meyer, P.C., et al. Massachusetts 2023-09-19 Presumed Complete access-to-courts attorney-malpractice due-process expert-testimony fourteenth-amendment summary-judgment Question not identified.
23-256 Suleiman Abdu Ibrahim v. Department of the Interior Fifth Circuit 2023-09-18 Denied Response Waived administrative-law administrative-procedure agency-action civil-procedure civil-rights due-process employment-discrimination federal-employee-rights federal-employees summary-judgment title-vii Federal employees ' rights are determined under statues which require that 'all personnel actions effecting employees or applicants for employment. …
23-252 United States, ex rel. Michelle Calderon v. Carrington Mortgage Services, LLC Seventh Circuit 2023-09-15 Denied Response Waived appellate-review causation civil-penalties civil-procedure due-process false-claims-act materiality summary-judgment Did the Appellate Panel erroneously uphold the granting of summary judgment in favor of Respondent in finding no evidence of causation for a jury to c…
23-5595 Ronnie R. Rolland, Sr. v. Aurora Retirement, LLC, dba Cherry Creek Retirement Village, LLC, et al. Tenth Circuit 2023-09-15 Denied Response WaivedIFP article-iii causation-standard civil-procedure civil-rights due-process protected-activity punitive-damages standing summary-judgment title-vii QUESTION ONE: WHETHER AN APPEALS COURT MAY CONSTITUTIONALLY IN ERROR RETAIN AUTHORITY OVER SUMMARY JUDGMENT ACTIONS THAT INCLUDES MOOT EXCLUDED HEARS…
23-170 Coalition for TJ v. Fairfax County School Board Fourth Circuit 2023-08-23 Denied Amici (12)Relisted (6) admissions-criteria asian-american-discrimination asian-americans constitutional-law equal-protection fourthcircuit racial-balancing school-diversity summary-judgment The question presented is whether the Board violated the Equal Protection Clause when it overhauled the admissions criteria at TJ.
23-5406 Kecia Porter v. USAA Casualty Insurance Company Seventh Circuit 2023-08-22 Denied Response WaivedRelisted (3)IFP civil-rights color-of-law cooperation-clause due-process equal-protection prejudice pro-se-litigant summary-judgment under-color-of-law 1. Whether the 7th Circuit's decision is Under Color of Law Title 18, U.S.C. Section 242 an in error, contrary to well settled law, finding respondent…
23-5352 Cassandra McGuire v. Highmark Holdings, et al. Sixth Circuit 2023-08-15 Denied IFP abuse-of-discretion civil-procedure court-discretion default-judgment federal-rules federal-rules-of-civil-procedure procedural-rules stare-decisis summary-judgment Did the Defendant Point out Defects in respect to the Motion for More Definite Statement Doc 14 and 15, Case 3:19-cv-00902? Do they have authority to…
23-110 Anisha Ituah, by Her Guardian Angela McKay v. Austin State Hospital, et al. Fifth Circuit 2023-08-03 Denied Response Waived americans-with-disabilities-act deliberate-indifference disparate-treatment due-process intellectual-disability intervention-rights involuntary-commitment notice-requirements prop-207 property-taking rehabilitation-act sexual-assault sexual-assault 23-1109" summary-judgment Whether the State's taking of common HOA lands vio May an intellectually disabled woman who complained of rape and sexual assault while involuntarily committed to a State Hospital, but was disbelieved …
23-5268 Marc Amouri Bakambia v. Paul Schnell, et al. Eighth Circuit 2023-08-02 Denied Relisted (2)IFP civil-procedure constitutional-rights de-novo-review district-court due-process judicial-procedure magistrate-judge report-and-recommendation summary-judgment I. Whether the provision of the 28 U.S.C. 636 requires the district court judge to prevent the assigned magistrate judge from issuing a report and re…
23-5215 Aisha Wright v. Union Pacific Railroad Company Fifth Circuit 2023-07-26 Denied Response WaivedRelisted (3)IFP administrative-law civil-rights due-process federal-rules financial-gain judicial-misconduct legal-malpractice oath-of-office summary-judgment The Petitioner Aisha Wright conducted an overall review of my case record and Concluded newly substantial evidence that was not supported by the Admin…
23-5218 In Re Jerome Curry 2023-07-26 Denied Relisted (2)IFP civil-procedure constitutional-rights criminal-procedure due-process indictment material-facts non-response sentencing standing summary-judgment waiver Was na-F -tee, ChtcC aJ US ltf,H US ?a CK/ljc.R-k,vtc Gr,W*j^ Kr,/^' F, 0 H Doei nof Ike. /d/vU reqtfint AUeA dot 4o Hoe fLetyoniew+Y na>vre£ pcn.se …
23-67 Springboards to Education, Inc. v. McAllen Independent School District Fifth Circuit 2023-07-25 Denied Response Waived anderson-v-liberty-lobby circuit-split consumer-confusion consumer-definition fact-intensive-inquiry legal-standard likelihood-of-confusion matsushita-v-zenith summary-judgment trademark-infringement 1. Whether the case met the standard to dismiss on summary judgment because no reasonable jury could return a verdict in favor of the non-moving party…
23-68 Springboards to Education, Inc. v. Mission Independent School District Fifth Circuit 2023-07-25 Denied Response Waived appellate-review circuit-split civil-procedure consumer-confusion fact-intensive-inquiry legal-standard standard-of-review summary-judgment trademark trademark-law 1. Whether the case met the standard to dismiss on summary judgment because no reasonable jury could return a verdict in favor of the non-moving party…
23A61 Chris Dutra, et al. v. Kim Jackson Ninth Circuit 2023-07-24 Presumed Complete excessive-force law-enforcement qualified-immunity second-story-railing summary-judgment use-of-force Question not identified.
23-63 San Diego County Credit Union v. Citizens Equity First Credit Union Ninth Circuit 2023-07-24 Denied 15-usc-1119 cardinal-chemical circuit-split invalidity jurisdiction non-infringement patent-and-trademark-office summary-judgment trademark-cancellation trademark-disputes trademark-law Question 1: In trademark disputes, the alleged infringing party often seeks declarations that the mark of the opposing party (i) is not infringed and …
23-54 Robert Mark Scott v. Forcht Bank, N.A. Kentucky 2023-07-21 Denied Response WaivedRelisted (3) circuit-court civil-procedure detrimental-reliance false-testimony loan-officer material-facts material-issues-of-fact promissory-estoppel reliance summary-judgment 1. Whether Summary Judgment is proper where material issues of fact exist? 2. Whether Scott detrimentally relied on any promise made by and through F…
23-5126 Farkhan Mahmood Shah v. American Airlines, Inc., et al. Third Circuit 2023-07-18 Denied IFP arbitration civil-rights collective-bargaining diversity-jurisdiction due-process employment employment-discrimination first-amendment misrepresentation religious-discrimination summary-judgment 1. Whether the United States Court of Appeals for the Third Circuit erred by explicitly relying on American Airlines ' misrepresentation of the terms …
23-5056 Carlos Antonio Raymond v. JPMorgan Chase Bank Fifth Circuit 2023-07-07 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights constitutional-rights due-process evidence-tampering federal-procedure first-amendment fraud judicial-review summary-judgment Whether The Violation of Standard of Review for Summary Judgment (Rule 60(d)(3); 18 U.S. Code § 1341; 18 U.S. Code § 1519 be allowed to stand uncorrec…
23-15 Springboards to Education, Inc. v. IDEA Public Schools Fifth Circuit 2023-07-05 Denied Response Waived appellate-review circuit-split civil-procedure consumer-confusion legal-standard legal-standards summary-judgment trademark-infringement 1. Whether the legal reasoning used to evaluate the issue of trademark infringement was subjective, incomplete, and failed to address the record and t…
22-1244 Angela Joseph v. Denis R. McDonough, Secretary of Veterans Affairs Sixth Circuit 2023-06-27 Denied Response Waived civil-procedure civil-rights employment-discrimination federal-procedure job-performance protected-class summary-judgment wrongful-termination Whether summary judgment under Federal Rule of Civic Procedure Rule 56 standard was improperly granted to dismiss a case of employment discrimination …
22-1231 Laird J. Heal v. Wells Fargo, N.A., as Trustee for WaMu Mortgage Pass-Through Certificates Services 2006-PR2 Trust, et al. First Circuit 2023-06-23 Denied Response Waived circuit-split civil-procedure diversity-jurisdiction erie-doctrine federal-rules-of-civil-procedure judicial-estoppel motions-to-strike standard-of-review summary-judgment Whether the motions to strike under Fed.R.Civ.P. 56(c)(2) were decided correctly or if the First Circuit should apply a different legal standard as co…
22-7831 Charles A. McRae v. Shannon N. Myers, et al. Seventh Circuit 2023-06-23 Denied IFP appellate-review civil-procedure civil-rights constitutional-rights court-procedure due-process judicial-interpretation legal-standard sentencing-guidelines standing summary-judgment /\ppe//<-tbS Cbor'C drr id i'Ae /jtp^icA Ctvrd-^ fi)e.cf do/t./- jQM -tie fit fiD t) t M.}dj <?*. Q\4r peHH ox«A "AWBr 6o.y uokt/i, k& o-f- po$$}b c…
22-7845 Daniel Coleman v. Minneapolis Public Schools Eighth Circuit 2023-06-22 Denied IFP civil-procedure excusable-neglect federal-rules federal-rules-of-civil-procedure inadvertence judicial-relief mistake mistake-of-law rule-60 summary-judgment surprise 1. The question presented is: Whether Petitioner Daniel Coleman Rule 60 is timely under Federal rules of Procedure Rule 60? 2. The question presented…
22-1192 Headstream Technologies, LLC v. FedEx Express Sixth Circuit 2023-06-12 Denied Response Waived airline-deregulation-act circuit-split contract-formation intentional-fraud package-delivery preemption service-preemption state-law-tort state-law-tort-claims summary-judgment To foster economic competition among airlines, Congress in the Airline Deregulation Act of 1978 prohibits States from enacting or enforcing any law re…
22-1194 Lillian M. Jones v. Hawai'i Medical Board, et al. Hawaii 2023-06-09 Denied Response Waived evidence-standard healthcare-quality-improvement-act judicial-review medical-board national-practitioner-data-bank physician-reporting physicians-blacklist reporting-immunity state-lines summary-judgment I. Whether Congress Under the Healthcare Quality Improvement Act (HCQIA) Intended Only to Protect Reporting Physicians and Entities to the "Physicians…
22-1163 Charles Anthony Dread v. Maryland State Police Fourth Circuit 2023-06-01 Denied Response Waived administrative-hearing civil-procedure constitutional-rights due-process malicious-intention qualified-immunity racial-discrimination summary-judgment (1) Was the Trial Court's denial of the Petitioner's Motion for Summary Judgment and Request for Hearing without granting the Petitioner a Hearing he …
22-1140 Dr. Chinwe Offor v. Mercy Medical Center, et al. Second Circuit 2023-05-25 Denied Response Waived burden-shifting civil-procedure civil-rights due-process fabrication forgery fraud hospital-records mcdonnell-douglas precedent sanctions summary-judgment I. Whether the U.S. Court of Appeals for the Second Circuit manifestly departed from this Court's precedent by holding that egregious and repetitive a…
22-1144 Farva Jafri v. Signal Funding, LLC, et al. Seventh Circuit 2023-05-24 Denied appellate-review civil-rights employment-discrimination equal-pay equal-pay-act human-rights-act judicial-bias judicial-recusal media-attention summary-judgment Whether the Honorable Judge Easterbrook and the Honorable Judge Wood of the Seventh Circuit Court of Appeals should have voluntarily recused themselve…
22-7610 Othniel Evans Maragh v. Roosevelt Island Operating Corporation, et al. Second Circuit 2023-05-22 Denied IFP appellate-review civil-procedure civil-rights constitutional-rights due-process evidence evidence-admissibility judicial-bias standing summary-judgment Is it ethical or legal for the Southern District Court of New York's Judge, Jesse M Furman to disregard every shred of evidence presented by the Plain…
22-1131 Brenda R. Blalock v. Union Pacific Railroad Company Fifth Circuit 2023-05-19 Denied civil-procedure de-novo-review iccta-preemption jurisdiction jurisdictional-review legal-standing procedural-forfeiture rollins-v-home-depot standing summary-judgment Whether the Interstate Commerce Commission Termination Act's granting of exclusive jurisdiction to the Surface Transportation Board is a jurisdictiona…
22-1125 Don Blankenship v. NBCUniversal, LLC, et al. Fourth Circuit 2023-05-18 Denied Amici (1)Response RequestedResponse WaivedRelisted (3) actual-malice constitutional defamation first-amendment media-liability public-figure summary-judgment (1) whether the actual malice standard imposed on public figure plaintiffs in defamation cases should be replaced; and (2) whether the framework for s…
22-1108 Reuben Haley v. Urban Outfitters, Inc. Seventh Circuit 2023-05-12 Denied Response Waived appellate-review burden-of-proof civil-procedure due-process equal-protection judicial-review legal-standard standard-of-review summary-judgment Whether the grant of summary judgment against petitioner was error?
22-1105 Carlo Giuseppe Civelli, et al. v. JPMorgan Chase Securities, L.L.C., et al. Fifth Circuit 2023-05-11 Denied Response Waived appellate-procedure appellate-review civil-procedure fifth-circuit notice notice-requirement preservation sua-sponte summary-judgment trial-court For decades preceding 2010, this Court and several circuit courts held it was improper for a trial court to sua sponte grant summary judgment, without…
22-1092 Onoyom Ukpong v. International Leadership of Texas, et al. Fifth Circuit 2023-05-09 Denied employment-discrimination federal-laws final-pretrial-judgment qualified-immunity section-1981 statute-of-limitations summary-judgment supremacy-clause title-vii 1. Did the Fifth Circuit deviate from paramountcy of Supremacy Clause, federal laws and this Court's on-the merits-based final pretrial judgment prece…
22-7483 Farres Alkhayer v. Nashua-Oxford-Bay Associates, L.P., dba Bay Ridge at Nashua New Hampshire 2023-05-08 Denied Relisted (2)IFP civil-procedure civil-rights constitutional-law constitutional-rights due-process judicial-discretion right-to-trial summary-judgement summary-judgment trial-by-jury Is rendering a judgement in a civil case without a trial constitutional?
22-1057 Standing Akimbo, Inc., et al. v. United States Tenth Circuit 2023-05-01 Denied Response Waived commerce-clause controlled-substances-act federalism marijuana-regulation necessary-and-proper-clause summary-judgment tax-code 1. Should Gonzales v. Raich be overruled, i.e., whether the CSA as supplemented by the half-in, half-out regime is in excess of Congress' powers under…
22-1036 Ronda L. Cormier v. Denis R. McDonough, Secretary of Veterans Affairs Fifth Circuit 2023-04-25 Denied Response Waived appellate-procedure civil-rights due-process equal-protection fifth-circuit meaningful-access pro-se pro-se-appeal summary-judgment willis-v-cleco This case presents an intractable conflict between the rights of appellants in the Fifth Circuit to enjoy equal protection under the law and meaningfu…
22-7294 Robert L. Tatum v. Earnell Lucas, et al. Seventh Circuit 2023-04-14 Denied Response WaivedIFP access-to-courts civil-rights constitutional-rights due-process equal-protection judicial-bias pro-se-litigant pro-se-litigants sanctions summary-judgment Question not identified.
22-990 Bright Harry, et al. v. KCG Americas LLC, et al. Ninth Circuit 2023-04-12 Denied Response WaivedRelisted (2) appellate-review civil-rights constitutional-rights due-process federal-appellate-procedure federal-rules-of-appellate-procedure free-speech judicial-procedure pro-se-litigation standing summary-judgment Whether in arrogant defiance of 36 years of this Court's precedent in Anderson v. Liberty Lobby, Inc., the Ninth Circuit, just like the other Appellat…
22-970 James H. Griffith, Jr., dba CJ's Sports Bar, et al. v. Joe Hand Promotions, Inc. Sixth Circuit 2023-04-07 Denied copyright-act copyright-infringement de-novo-review exclusive-licensing idea-of-work licensing-rights right-to-sue sua-sponte summary-judgment tangible-medium I. Whether the plain language of the U.S. Copyright Act ("Act") authorizes the exclusive licensing of rights under the Act in an idea of a work of aut…
22-7199 William Paul Burch v. Nationstar Mortgage Holdings, Inc. Texas 2023-04-04 Dismissed IFP bankruptcy bankruptcy-court community-property federal-court-jurisdiction lien lien-extinguishment standing standing-issue summary-judgment texas-constitution The lien on this property was extinguished under the Texas Constitution because neither the loan nor the Deed of Trust was signed by Petitioner, Willi…
22-960 Christen Robinson Kelley v. Catherine Howden, et al. Eleventh Circuit 2023-04-03 Denied Response Waived 14th-amendment 42-usc-1981 civil-rights discrimination mixed-motive retaliation summary-judgment title-vii 1. Did the District Judge err by granting summary judgment against Ms. Kelley's 42 U.S.C. § 1981 and the 14th Amendment? 2. Did the District Judge er…
22-7099 Dana Simmons v. Andrew Beshear, et al. Sixth Circuit 2023-03-24 Denied Response WaivedIFP 42-usc-1983 advisory-opinion civil-rights color-of-state-law constitutional-challenge due-process injunctive-relief section-1983 standing state-law summary-judgment Article III of the Constitution of the United States of America limits federal courts I. to hearing the actual case or controversy before them. May lo…
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…
22-891 John Earl Erickson, et ux. v. Vanessa Power, et al. Washington 2023-03-16 Denied civil-proceedings client-concealment due-process false-pleadings foreclosure-action forged-documents fraud-on-court fraud-on-the-court legal-misrepresentation relief-from-judgments summary-judgment I. Does fraud on the court committed by officers of the court in civil proceedings violate due process requiring relief from judgments fraudulently pr…
22-6954 Juanita Burch v. Rushmore Loan Management Services, L.L.C. Fifth Circuit 2023-03-07 Denied Response WaivedIFP bankruptcy-court bankruptcy-procedure bankruptcy-removal civil-procedure court-jurisdiction federal-jurisdiction lien-extinguishment loan-management procedural-error removal summary-judgment The defendant, Rushmore Loan Management Services, LLC (Rushmore) lost a hearing in the state court because they did not have a loan on the property an…
22-6959 Thurston Rickey-Lee Davis v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-03-07 Denied Response WaivedIFP 5th-amendment 6th-amendment anders-brief certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel statute-of-limitations summary-judgment 1). In an appeal of a 2254, at the "C.O.A." stage, When the U.S. District Court: accepts the affirmative defense of ' Statute of Limitation violat ion…
22-6941 Terry Kerr v. Aldridge/Pite, LLP, et al. Ninth Circuit 2023-03-06 Denied IFP civil-procedure court-dismissal due-process judicial-procedure loan-modification mortgage-modification mortgage-services pro-se-litigation service-of-process standing summary-judgment 1. THE DEFENDANT-APPELLEES ALDRIDGE/PITE,LLP WERE SERVED THE SUMMONS AND COMPLAINT BY A PROCESS SERVICE AND IT WAS FILED IN THE COURT, BUT ALDRIDGE/PI…
22-831 Bailie Bye v. MGM Resorts International, Inc., dba Beau Rivage Resort and Casino Fifth Circuit 2023-03-02 Dismissed civil-procedure complaint legal-theory motion notice-pleading pleading pleadings summary-judgment Is a plaintiff precluded from invoking a legal theory in opposition to a summary-judgment motion solely because she did not expressly cite that theory…
22-6906 Joseph Johnson v. Casey Campbell, Warden, et al. Fourth Circuit 2023-03-02 Denied Response WaivedIFP civil-procedure civil-rights constitutional-interpretation counsel due-process habeas-corpus judicial-prejudice legal-standard lower-court-error petition-review standing summary-judgment 1. Did the lower court err in granting Correctional Defendants' motion to dismiss? 2. Did the lower court err in granting Defendant Wexford's motion …
22-817 Jeannie Parker v. United Airlines, Inc. Tenth Circuit 2023-02-28 Denied Response Waived cat's-paw circuit-split employment-discrimination family-medical-leave-act fmla-interpretation independent-investigation proximate-causation staub-precedent summary-judgment tenth-circuit-standard Whether the standard for proximate causation applied by the court of appeals below, and in other Tenth Circuit cases, conflicts with this Court's deci…
22-808 Joe Alfred Izen, Jr. v. Commissioner of Internal Revenue Fifth Circuit 2023-02-27 Denied Response Waived charitable-deduction deadlines equitable-tolling hardship-exemption I.R.C.-170(f)(12) internal-revenue-code statutory-interpretation substantiation-deadline substantiation-evidence summary-judgment tax-law 1. Whether equitable tolling may extend substantiation evidence gathering deadlines under I.R.C. § 170(f)(12). 2. Whether Congress lacks the power to…
22-799 Marie Pfau v. Janet L. Yellen, Secretary of the Treasury Fifth Circuit 2023-02-24 Denied Response Waived civil-rights due-process employment employment-law federal-court fifth-circuit reasonable-jury sex-discrimination summary-judgment Whether the Fifth Circuit erred in holding that a reasonable jury could not hold that the Petitioner experienced discrimination based on sex.
22-6817 Carline Curry v. City of Mansfield, Ohio, et al. Sixth Circuit 2023-02-17 Denied Response WaivedIFP civil-rights civil-rights-violation due-process employment-discrimination jury-trial jury-trial-denial retaliation statutory-interpretation summary-judgment 1. Why wasn't plaintiff Curry given an opportunity to become a plant Operator? 2. Defendants submitted a bad faith affidavit under Perjury, Fraud, an…
22-769 Weixing V. Wang v. Brandywyne Common Condominium New Hampshire 2023-02-16 Denied Relisted (2) civil-procedure constitutional-rights due-process evidence-rules federal-rules-civil-procedure federal-rules-of-civil-procedure federal-rules-of-evidence judicial-misconduct standing summary-judgment 1. Solely with the lies and fabricated numbers on paper, without even one evidence, how can Petitioner be ordered to pay $47,319.86? 2. In a civil ca…
22-6799 Emeka Dominic Okongwu v. County of Erie, New York Second Circuit 2023-02-16 Denied IFP amendment appellate-review civil-procedure complaint-amendment district-court due-process judicial-procedure reconsideration second-circuit standing summary-judgment 1. DID THE COURT OF APPEALS FOR THE SECOND CIRCUIT ERR BY AFFIRMING THE DISTRICT COURT WHEN THE DISTRICT COURT ERRED IN REFUSING TO ALLOW THE PETITI…
22-756 Lannette Linthicum, et al. v. Robin Wayne Smith Fifth Circuit 2023-02-10 Denied Response RequestedRelisted (2) civil-procedure civil-rights clearly-established-law constitutional-rights due-process fifth-circuit medical-needs qualified-immunity standing summary-judgment summary-reversal 1. Whether the Fifth Circuit manifestly departed from this Court's precedent by holding that authority that postdates the defendant's alleged acts can…
22-6738 Melvin G. Simms v. Donald Ames, Superintendent, Mount Olive Correctional Complex Fourth Circuit 2023-02-09 Denied Response WaivedIFP certificate-of-appealability civil-rights due-process equal-protection federal-civil-procedure habeas-corpus magistrate-report magistrate-review summary-judgment Whether the District Court Judge Violated the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution By Granting the Respondent'…
22-740 Harinder Jeet Singh v. RXR 620 Master Lease, LLC, et al. Second Circuit 2023-02-07 Denied abuse-of-discretion appellate-review civil-procedure district-court due-process emotional-distress evidence-spoliation judicial-misconduct spoliation-of-evidence standing summary-judgment 1. Whether District Court falsified facts in its order dated 6/10/16 to favor EXCEL, and falsified facts in SJM ruling dated 3/30/21 to favor Securita…
22-719 Jessica Mackey v. American Multi-Cinema, Incorporated Fifth Circuit 2023-02-01 Denied civil-rights due-process erie-doctrine premises-liability risk-utility-test seventh-amendment state-law summary-judgment Except in very rare instances such as the complete lack of proof, black letter Louisiana tort law holds that determination of breach of duty is a ques…
22-6539 Israel Romero v. Allwell from Absolute Total Care, et al. Fourth Circuit 2023-01-13 Denied Response WaivedRelisted (2)IFP appellate-review civil-procedure diversity-jurisdiction documentary-evidence federal-question pro-se pro-se-litigation rule-28-usc-1915 summary-judgment This is the case the United States Supreme Court has been waiting for years to give light over three crucial issues never decided by any federal court…
22-615 Estate of Eric Jack Logan v. City of South Bend, Indiana, et al. Seventh Circuit 2023-01-05 Denied circuit-split civil-rights credibility credibility-challenge due-process legal-procedure police-shooting summary-judgment witness witness-testimony A police shooting case where the defendant officer has killed the only other witness to the incident presents difficult questions. The circuits are di…
22-591 Donald V. Watkins, et al. v. Matrix, LLC, et al. Alabama 2022-12-27 Denied Response Waived actual-malice civil-rights defamation due-process first-amendment free-speech presumed-damages public-figure summary-judgment 1. Whether the Alabama Courts' grant and affirmance of a summary judgment for Respondents in a state law defamation case conflicts with this Court's d…
22-6351 Shane Webster Upchurch v. Wastequip, LLC, et al. Tenth Circuit 2022-12-20 Denied Response WaivedIFP civil-procedure discovery discovery-rights jurisdiction-issue pro-se pro-se-plaintiff retaliatory-discharge summary-judgment workers-compensation 1. Whether it was error to grant summary judgment to the defendant where the pro se plaintiff was not given any opportunity to engage in discovery. 2…
22-6336 James C. Tate v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union Local 8363 Fifth Circuit 2022-12-19 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights discrimination discrimination-claim district-court-discretion due-process employment-law standing summary-judgment summary-motion union-representation 1. Did the District Court's discretion deny the petitioner due process? 2. Did the District Court in considering the facts presented in the summary m…
22-541 Peter Jokich v. Rush University Medical Center Seventh Circuit 2022-12-13 Denied Response Waived civil-procedure contract-waiver due-process erie-doctrine federalism protected-activity retaliation summary-judgment waiver 1. The "demanding standard" of proof the Panel imposed on petitioner to show waiver of a contract condition under Illinois law has no foundation in th…
22-6205 Demetric Hardaway v. Lori Myers, et al. Fourth Circuit 2022-12-02 Denied IFP appellate-review civil-rights constitutional-law district-court first-amendment fourth-circuit legal-interpretation retaliation summary-judgment transfer work-assignment ^ l^i i +U«. Fo\at4F (L\fC\J\\ \ Cov^r'V o4 4^*v\^r-»4 o4 "VV\e. Ff\r po \ rv "frKt cF^-Vnc* COvat-V ( vniK®.re_ **W JUs4r*c4 COwrAca,cr jr\ c\ $V\An…
22-499 John Earl Erickson, et ux. v. Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-6 Washington 2022-11-28 Denied civil-procedure civil-proceedings due-process false-pleadings foreclosure-action forged-documents fraud-on-court fraud-on-the-court judicial-misconduct relief-from-judgment summary-judgment Does fraud on the court committed by officers of the court in civil proceedings violate due process requiring relief from judgments fraudulently procu…
22-479 Steven Onysko v. Martin J. Walsh, Secretary of Labor, et al. Tenth Circuit 2022-11-21 Denied Response Waived administrative-procedure-act agency-deference circuit-court-conflicts circuit-court-review safe-drinking-water-act standard-of-review summary-judgment whistleblower-protection With Administrative Procedure Act (APA) jurisdiction, the Tenth Circuit Court of Appeals affirmed U.S. Department of Labor, Administrative Review Boar…
22-480 City of Palestine, Texas, et al. v. Union Pacific Railroad Company Fifth Circuit 2022-11-21 Denied Response Waived circuit-conflict circuit-split contractual-obligations iccta-preemption interstate-commerce interstate-commerce-commission-termination-act judicial-review preemption retroactive-application summary-judgment Whether the Fifth Circuit erred in retroactively applying the preemption provisions of the Interstate Commerce Commission Termination Act (ICCTA) to a…
22-6059 Maurice Oparaji v. Municipal Credit Union Second Circuit 2022-11-17 Denied Response WaivedIFP circuit-split civil-procedure de-novo-review due-process electronic-fund-transfer-act rule-12(b)(6) rule-12b6 standing summary-judgment supplemental-jurisdiction 1. Whether the district court erred in dismissing Oparaji's complaint under Fed. R. Civil P. 12(b) (6), alleging that .Oparaj i sets no factual allega…
22-5944 Charles L. Burgett v. Janet L. Yellen, Secretary of the Treasury Eighth Circuit 2022-10-31 Denied Response WaivedIFP 42-usc-2000e employment-discrimination pretext prima-facie summary-judgment title-vii 1. Whether the Court of Appeals applied the correct summary judgment standard on prima facie and on pretext in assessing a case of employment discrimi…
22-359 Roda T. Gidey v. Settlement Corp., et al. District of Columbia 2022-10-18 Denied civil-rights due-process equal-protection interpleader racial-discrimination real-estate summary-judgment Most of the Defendants in interpleader cases in real estate transactions in the District of Columbia are African Americans even though they are only h…
22-364 Ryan Noah Shapiro v. Department of Justice District of Columbia 2022-10-18 Denied Response Waived agency-bad-faith civil-procedure discovery discovery-standard federal-civil-procedure foia foia-request motion-for-summary-judgment rule-56(d) rule-56d standing summary-judgment 1. Must a plaintiff facing a motion for summary judgment provide evidence that the movant has acted in bad faith before obtaining discovery under Rule…
22-5837 Micah S. Matthews v. Iowa Iowa 2022-10-14 Denied Response WaivedIFP 14th-amendment due-process ineffective-assistance jury-instructions post-conviction-relief state-appellate-court successive-petition summary-judgment unmitigated-claim (1) Is a state appellate court's refusal to allow a petitioner to file a successive petition for PostConviction Relief on an unmitigated, meritorious …
22-5791 Erin Carter v. St. Tammany Parish School Board, et al. Fifth Circuit 2022-10-07 Denied Response WaivedIFP civil-procedure employer-discretion employment-discrimination fmla-rights incomplete-discovery incomplete-record judicial-review jury-trial prejudice-standard standard-of-review summary-judgment The district court in this case held that petitioner had no FMLA rights because her migraines were not a serious health condition, could not prove dis…
22-287 Gail Lewis Hicks, et al. v. American Family Mutual Insurance Company, S.I. Indiana 2022-09-27 Denied Response Waived court-of-appeals due-process fifth-amendment fifth-and-fourteenth-amendments fourteenth-amendment indiana-court-of-appeals indiana-supreme-court judgment-on-the-pleadings judicial-procedure summary-judgment Whether or not the Indiana Supreme Court decided an issue without determining the effect of the In-diana Court of Appeals granting Respondent American…
22-283 Rachel Mosby v. City of Byron, Georgia Eleventh Circuit 2022-09-26 Denied Response Waived charge-filing charge-filing-requirements civil-rights court-doctrine fort-bend procedural-requirement summary-judgment title-vii waiver (1) Must a trial court apply this Court's holding in Fort Bend when a Title VII plaintiff timely argues that the defendant has waived its objection to…
22-261 Estate of Najee Ali Baker, By and Through His Ancillary Administrator Jemel Ali Dixon v. Wake Forest University Fourth Circuit 2022-09-20 Denied Response Waived appellate-review civil-procedure civil-rights diversity-jurisdiction due-process summary-judgment 1. Whether a federal court of appeals that affirms summary judgment for a defendant in a diversity jurisdiction case, without addressing all well-grou…
22-263 Yves Wantou v. Wal-Mart Stores Texas, L.L.C. Fifth Circuit 2022-09-20 Denied Response RequestedResponse WaivedRelisted (3) appellate-review cats-paw-theory hostile-work-environment racial-discrimination retaliation section-1981 summary-judgment title-vii Immediately after beginning his employment with Respondent as a pharmacist in March 2015, Petitioner became the direct object of his Caucasian coworke…
22-5623 Freda J. Day v. Oprah Winfrey, et al. Fourth Circuit 2022-09-20 Denied Response WaivedIFP civil-rights copyright-infringement discovery-stage due-process electronic-communications internet-access spoliation-of-evidence substantial-similarities summary-judgment 1. Throughout the 21st century with a myriad of electronic communications, why shouldn't "use of the internet" be a primary determining factor for pro…
22-245 Abolfazl Hosseinzadeh v. Bellevue Park Homeowners Association, et al. Ninth Circuit 2022-09-15 Denied civil-procedure federal-jurisdiction federal-question federal-question-jurisdiction motion-practice pendent-claims pendent-state-law-claims privilege-law related-proceedings summary-judgment 1. Where a federal district court exercises federal question jurisdiction, does state or federal privilege law apply over pendent state law claims? 2…
22-248 Larry Tawney, Jr. v. Portage County, Ohio, et al. Sixth Circuit 2022-09-15 Denied Response Waived 42-usc-1983 civil-rights eighth-amendment intentional-infliction-of-emotional-distress monell-claim section-1983 summary-judgment Whether a trial court properly dismisses, as a matter of law, pursuant to Rule 56(c), F.R.C.P., a plaintiff's complaint wherein the plaintiff seeks co…
22-232 Shane Place and Misty Blackwell, as Personal Representatives of the Estate of Angel Place v. Joyce Anderson, et al. Tenth Circuit 2022-09-13 Denied Response Waived appellate-jurisdiction deliberate-indifference due-process foster-care substantive-due-process summary-judgment 1. Did the court of appeals in its de novo review of summary judgment abuse its appellate jurisdiction and deny petitioners due process by refusing to…
22-210 Neil Dupree v. Kevin Younger Fourth Circuit 2022-09-08 Judgment Issued Amici (2)Response RequestedResponse WaivedRelisted (3) appellate-review circuit-split civil-procedure final-judgment interlocutory-orders legal-issue post-trial-motion preservation-of-claims summary-judgment Whether to preserve the issue for appellate review a party must reassert in a post-trial motion a purely legal issue rejected at summary judgment.
22-211 Kelly Vandenberg v. University of Saint Thomas, aka University of St. Thomas (Houston) Fifth Circuit 2022-09-08 Denied burden-of-proof civil-procedure employment-discrimination pretext pretext-standard prima-facie-case reeves-v-sanderson rule-50 rule-56 summary-judgment 1. Do the exceptions in Reeves apply under Rule 56 identically as they do under Rule 50 when the Court prohibits judges from weighing evidence and det…
22-194 Jehan Zeb Mir v. State Farm Mutual Automobile Insurance Company, et al. Ninth Circuit 2022-09-01 Denied arbitration civil-procedure de-novo-review discovery estoppel insurance-code notice notice-requirement statute-of-limitations summary-judgment waiver 1. Did Ninth Circuit Court err in de-novo review of summary judgment in deciding disputed issues of fact as the district court had done, that 5-years …
22-5433 Tedd Wilson v. State Farm General Insurance Company Eleventh Circuit 2022-08-23 Denied Relisted (2)IFP civil-procedure civil-rights district-court due-process insurance insurance-dispute legal-standing procedural-challenge standing summary-judgment takings Question not identified.
22-147 Reshawn Armstrong v. Merrick B. Garland, Attorney General Eleventh Circuit 2022-08-16 Denied Response Waived employment-discrimination ex-parte-communication federal-rules-of-civil-procedure material-facts prima-facie-case protected-class similar-situated summary-judgment supervisor-liability Whether a Judge committed ex parte communication when he accepted information from an unnamed person other then the Plaintiff and Defendant's Counsel,…
22-103 Gavin Clarkson v. Board of Regents of New Mexico State University, et al. Tenth Circuit 2022-08-02 Denied §1983-claim administrative-law administrative-procedure circuit-split civil-procedure contract-interpretation due-process sovereign-immunity summary-judgment This petition presents one or more questions of exceptional importance. In particular, the Tenth Circuit conflicts with authoritative decisions of the…
22-5209 Adam Paul Blomdahl v. Doctor Jaffe, et al. Ninth Circuit 2022-07-27 Denied IFP appellate-review civil-procedure civil-rights disclosure due-process judicial-discretion ninth-circuit standing summary-judgment Cwr+ o-f Appeals err; wke*. d ii'Sozd J{$ ft <H~ address '>/IAr,'$,*' /-App&ii4h+s cUum ofi Comfy kpjoeilees w/ hotd^cj od- cl^do'svte QjJidkuc&j uo…
22-66 Keith Kreszowski v. FCA US, LLC, et al. Sixth Circuit 2022-07-25 Denied Response Waived americans-with-disabilities-act causal-connection disability-discrimination disability-perception job-relatedness medical-exam medical-examination pretext pretext-standard retaliation-claim summary-judgment This case involves a consideration of issues involving claims under the Americans with Disabilities Act Amendments Act ("ADAAA"). The extent and abili…
22-5086 Nouboukpo Gassesse v. University of Connecticut Connecticut 2022-07-13 Denied Response WaivedRelisted (3)IFP 14th-amendment appellate-review civil-rights constitutional-rights due-process equal-protection motion-for-default state-court-decisions summary-judgment trial-court-procedure 1- Plaintiff invoked the violation of the 14th amendment of the constitution of the United States as to the fact that he was not served with a due pr…
22-5060 Fred Auston Wortman, III v. Tennessee Board of Parole, et al. Sixth Circuit 2022-07-11 Denied Response WaivedIFP alford-plea civil-procedure complaint-dismissal due-process inferences judicial-procedure plea-agreement pleadings standard-of-review summary-dismissal summary-judgment 1. Whether the District Court erred by summarily dismissing Petitioner's Complaint by failing to accept as true all of Petitioner's factual allegation…
22-6 Mortgage Resolution Servicing, LLC, et al. v. JPMorgan Chase Bank, N.A., et al. Second Circuit 2022-06-30 Denied Response Waived breach-of-contract civil-procedure civil-rights continuing-violation damages due-process mortgage-loans standing statute-of-limitations summary-judgment 1. Whether the Second Circuit Court of Appeals in holding that the damages presented in the summary judgment record were not reasonably certain, by fa…
21-1597 Seyed Mohsen Sharifi Takieh v. Banner Health, et al. Ninth Circuit 2022-06-28 Denied 12(b)(6)-motion civil-rights discrimination due-process medical-board-investigation pleading-standards race-discrimination race-neutral-explanation standing summary-judgment 1. Did the Ninth Circuit err in determining that the District Court properly incorporated the Ruling in the State Court Injunction Action on a 12(b)(6…
21-8241 Randy Lassiter v. Gerald Jenkins, et al. Fourth Circuit 2022-06-28 Denied IFP civil-rights due-process equal-protection qualified-immunity standing summary-judgment The US courk oF ApredditS Evved ty NE Fine Mre TRA AS Couvk < bdr Granting Zespo nde HS . Soman Sodguvent Wr Favor oF erence nfs 2.) The ES uy OF her…
21-8209 Alan M. Leschyshyn v. AbbVie Inc., et al. Seventh Circuit 2022-06-23 Denied Response WaivedIFP arizona-law case-filing civil-procedure collateral-estoppel contemporaneous-filing issue-preclusion judicial-discretion prior-decision summary-judgment One of the four elements for the doctrine of collateral estoppel, or issue preclusion under Arizona law is previous case. Did the lower court err or a…
21-1586 Cheryl Romano, et vir v. Jazz Casino Company, L.L.C., et al. Fifth Circuit 2022-06-23 Denied constitutional-rights due-process evidence evidence-review findings-of-fact inferences judicial-procedure jury-trial seventh-amendment summary-judgment I. Did the Fifth Circuit, in accepting the District Court's findings of fact, probable cause of the fall and legal authority, violate the basic princi…
21-1561 Vickie Brooks v. Philadelphia Insurance Companies Tenth Circuit 2022-06-14 Denied Response Waived civil-procedure diversity-jurisdiction erie-doctrine stare-decisis summary-judgment tenth-circuit Did The Tenth Circuit Court fail to follow stare decisis by failing to follow its own ruling in Erie R. Co. v. Tompkins, 304 U.S. 64 (1938) and affirm…
21-1554 Worlds Inc. v. Activision Blizzard Inc., et al. Federal Circuit 2022-06-10 Denied Response Waived 35-usc-101 abstract-idea filtering patent-eligibility patent-ineligibility section-101 software-invention summary-judgment well-known-routine-conventional In the mid-1990s, petitioner Worlds invented computer software with protocols that allowed an increased number of players to access a three-dimensiona…
21-8096 Barbara Frantz v. Patrick C. Frantz Tenth Circuit 2022-06-08 Denied Response WaivedRelisted (2)IFP beneficiary-dispute civil-procedure contingent-beneficiary criminal-appeal evidence evidence-standard life-insurance murder-allegation summary-judgment Question not identified.
21-8061 Barbrie Logan v. MGM Grand Detroit Casino Sixth Circuit 2022-06-06 Rehearing Response WaivedRelisted (2)IFP civil-rights discrimination-claim due-process eeoc-exhaustion employment federal-courts indigent-plaintiff legal-representation pro-se summary-judgment title-vii In a Title VII action between an indigent pro se complainant and private sector employer, who, if anyone, has the responsibility of informing the comp…
21-1526 Gilbert P. Hyatt v. United States Patent and Trademark Office, et al. Federal Circuit 2022-06-06 Denied Response WaivedRelisted (2) administrative-law administrative-procedure-act agency-action civil-procedure federal-circuit judicial-review mandamus-standard patent patent-office-rule standing summary-judgment 1. Whether the ordinary summary judgment standard of Rule 56 applies to review of agency action, as held by the First, Fifth, Ninth, and District of C…
21-8043 William Sims v. Alexis Figueroa Eleventh Circuit 2022-06-02 Denied Response WaivedIFP 8th-amendment civil-rights due-process eleventh-circuit factual-disputes medical-care nonmovant-rights prison-conditions prisoner-rights summary-judgment This Court has exercised its power to summarily vacate a lower court's decision when that decision "reflect[ed] a clear misapprehension" of the standa…
21-7984 Emilio Gomez v. United States Eleventh Circuit 2022-05-27 Denied Response WaivedIFP burden-of-proof civil-rights due-process equal-protection standing summary-judgment Question not identified.
21-7941 Linda A. Petralia v. American Express National Bank New Hampshire 2022-05-23 Denied Response WaivedIFP civil-rights constitutional-rights court-jurisdiction due-process judicial-discretion res-judicata rule-of-law state-court-jurisdiction summary-judgment 1. Having legally granted Pro Se Defendant's/Petitioner's, Linda A. Petralia, Motion to Dismiss with prejudice on December 2, 2020, and "(without obje…
21-1472 Claudia J. Rohr v. Hawaii Crime Victims Compensation Commission Ninth Circuit 2022-05-23 Denied ada-amendments-act administrative-law americans-with-disabilities-act board-action disability-discrimination false-evidence judicial-procedure judicial-process statute-of-limitations summary-judgment (1) Under federal law, 28 U.S.C. § 1658(a), did the four-year statute of limitations accrue upon service of Commission Decision and Orders that were r…
21-7916 James Fetzer v. Leonard Pozner Wisconsin 2022-05-19 Denied Amici (1)Relisted (3)IFP 14th-amendment 7th-amendment civil-rights due-process equal-protection equal-rights jury-trial summary-judgment wisconsin 1. May rules of summary judgment vary throughout the states allowing the Wisconsin Judiciary to conduct and affirm a non-jury trial under the pretense…
21-1460 Cynthia Sue Mary, et al. v. QEP Energy Company, fka Questar Exploration & Production Company Fifth Circuit 2022-05-18 Denied continuing-trespass disgorgement-of-profits federal-rules-civil-procedure federal-rules-of-civil-procedure fifth-circuit louisiana-law oil-and-gas-pipelines summary-judgment trespassing-pipelines 1. Did the Fifth Circuit erroneously fail to determine and apply the substantive law of Louisiana with respect to "disgorgement of profits" from tresp…
21-1445 Ellen T. Thatcher v. Department of Veterans Affairs Eleventh Circuit 2022-05-16 Denied Response Waived appellate-review civil-rights due-process jury-determination materiality perjury summary-judgment veterans-administration Did the 11th Circuit Court of Appeals make a clear error when they termed perjury "meritless," failed to consider the materiality of Thatcher's perjur…
21-7886 Leona Stack, et vir v. Menard, Inc. Seventh Circuit 2022-05-16 Denied Relisted (2)IFP appeals appellate-review civil-procedure court-mandate due-process judicial-procedure mandate pro-se-litigation procedural-due-process rehearing standing summary-judgment (1) Did the "construal" by United States Court of Appeals For The Seventh Circuit in their ORDER of January 10, 2022 amount to a mis-construal by them…
21-1433 Faye Boatright v. U.S. Bancorp, et al. Second Circuit 2022-05-11 Denied Response Waived civil-procedure civil-rights de-novo-review deemed-admitted discrimination due-process retaliation seventh-amendment summary-judgment 1. Whether Diebold and the Seventh Amendment prohibit a circuit court reviewing a grant of summary judgment from sanctioning a non-movant under a loca…
21-7770 Crystal Jackson v. Sheraton New York Times Square Hotel Second Circuit 2022-05-04 Denied Response WaivedRelisted (2)IFP 7th-amendment causation civil-procedure employment-discrimination mixed-motive retaliation seventh-amendment summary-judgment title-vii trial-by-jury 1. Weather the United States Court of Appeals for the Second Circuit has decided an important question of federal law in a way that conflicts with r…
21-7742 Marvel Jones v. John M. Carter, et al. Eighth Circuit 2022-04-28 Denied Response WaivedIFP civil-procedure court-review criminal-procedure dismissal-without-prejudice federal-rules legal-ruling pleading prejudice res-judicata standing summary-judgment Question not identified.
21-1385 Carolyn D. Robinson v. Walmart Stores East, LP Eleventh Circuit 2022-04-26 Denied Response Waived 42-usc-1981 burden-shifting civil-rights due-process employment-discrimination mcdonnell-douglas prima-facie-case section-1981 seventh-amendment summary-judgment 1. Should the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) burden shifting test remain a part of the summary judgment analysis in employment …
21-7588 Gloria Marigny v. Centene Management Company LLC Seventh Circuit 2022-04-11 Rehearing Response WaivedRelisted (2)IFP 28-usc-144 appellate-review bias civil-rights conflict-of-interest district-court document-admissibility due-process federal-procedure judicial-recusal standing summary-judgment #1. Why Judge Brett Ludwig Denied Motion for Recusal, (Bias and Conflict of Interest was questionable)? United States Eastern District Of Wisconsin, 2…
21-1315 Deborah Lingenfelter v. Kaiser Foundation Health Plan of Colorado Tenth Circuit 2022-04-01 Denied Response Waived business-judgment-rule employer-liability employment-discrimination employment-law fmla fmla-retaliation retaliation summary-judgment tenth-circuit truthfulness In an employment case, where the plaintiff disputes the truthfulness of the employer's asserted reason for termination, may a court immunize that reas…
21-7505 Eugene Dyson v. Wexford Health Sources, Inc., et al. Fourth Circuit 2022-03-31 Denied IFP civil-rights constitutional-violation deliberate-indifference due-process medical-records medical-treatment prison-conditions serious-medical-needs summary-judgment DID ALL THE COURTS ERR when FAILING TO CONSIDER THE DEFENDANT'S RESPONSIBILITIES OF PROVIDING ADEQUATE MEDICAL TREATMENT, WHICH APPELLANT ENDURED and …
21-7469 Jermeal White v. Ronald Erdos, Warden, et al. Sixth Circuit 2022-03-25 Denied Response WaivedIFP appellate-review civil-procedure civil-rights district-court due-process legal-proceeding pro-se summary-judgment video-evidence 4he disPn'oP ccur-4' and 4be am4ed) s4dres caur4 oP appeals 444 4o consider PcPrhOner opp6&i+i 6a HP C-G&pond&nP cross- mo4ion 4br Vias pe44iooers 0…
21-1266 Erica Talasek v. National Oilwell Varco, L.P. Fifth Circuit 2022-03-18 Denied circuit-split civil-rights employee-benefits erisa estoppel misrepresentation summary-judgment Whether the beneficiary of an employee benefits plan can bring an equitable estoppel claim under ERISA based on misrepresentations at variance with th…
21-1238 Ina Ann Rodman v. Otsuka America Pharmaceutical, Inc. Ninth Circuit 2022-03-11 Denied Response Waived 21-cfr-314-80 design-defect drug-labeling expert-testimony failure-to-warn misbranding pharmaceutical-liability post-marketing-surveillance summary-judgment wyeth-v-levine 1. Whether Ms. Rodman presented admissible evidence in the form of Otsuka's failure to follow the admonition of 21 C.F.R. § 314.80 to conduct post-mar…
21-1227 MRI Associates of Tampa, Inc. v. State Farm Mutual Automobile Insurance Company Florida 2022-03-10 Denied Response Waived constitutional-rights due-process evidence evidence-standard florida-supreme-court stipulation-of-facts summary-judgment unpreserved-issue waived-issue waiver-doctrine Did the Florida Supreme Court violate the Petitioner's constitutionally guaranteed due process rights by reversing the trial court's summary judgment …
21-1225 The Estate of Dillon Taylor, et al. v. Salt Lake City, Utah, et al. Tenth Circuit 2022-03-09 Denied Response RequestedRelisted (2) civil-procedure civil-rights excessive-force jury law-enforcement material-dispute qualified-immunity summary-judgment tenth-circuit 1. Whether the Tenth Circuit impermissibly expanded the judicially-created doctrine of qualified immunity to shield an officer where there is a subs…
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…
21-1128 John Turnure v. Latrent Redrick Sixth Circuit 2022-02-15 Dismissed Response Waived civil-rights due-process excessive-force qualified-immunity scott-v-harris sixth-circuit summary-judgment use-of-force I. Did the Sixth Circuit contravene Scott v. Harris, 550 U.S. 372 (2007) by ignoring record admissions, videos, and photographs to credit to Redrick w…
21-1125 Matthew Schantz v. Benny Deloach Eleventh Circuit 2022-02-15 Denied Response Waived 4th-amendment civil-rights deadly-force fourth-amendment objective-reasonableness police-pursuit qualified-immunity summary-judgment traffic-stop use-of-force 1. Does the Fourth Amendment entitle police to seize all speeding motorists by shooting them, regardless of the circumstances and independently of any…
21-7042 Craig Nelsen v. Southern Poverty Law Center Eighth Circuit 2022-02-02 Denied Response WaivedIFP actual-malice constitutional-protection defamation diversity-jurisdiction first-amendment free-speech public-figure summary-judgment I. Whether the US Court for the 8th Circuit 1] wrongly allowed the District Court's improper statement of a Missouri Supreme Court ruling, which held—…
21-6995 Admassu Regassa v. C. Brininger, et al. Third Circuit 2022-01-28 Denied Response WaivedIFP bivens-action civil-procedure civil-rights civil-rights-violation constitutional-rights due-process federal-tort-claims-act government-liability prison-officials standing summary-judgment 1. Whether the United States District Court for the Middle District of Pennsylvania and the United States Court of Appeals for the Third Circuit erred…
21-6922 Jeffrey Charles Rodd v. Leann LaRiva, Warden Eighth Circuit 2022-01-21 Denied Response WaivedIFP civil-rights deliberate-indifference discovery district-court due-process eighth-circuit procedural-error standing summary-judgment (1) Did the District Court error in dismissing Mr. Rodd's complaint without the benefit of discovery to further support his deliberate indifference cl…
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…
21-6856 Darrell Wayne Butler v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-01-14 Denied Response WaivedIFP anderson-v-liberty-lobby civil-procedure civil-rights constitutional-rights due-process excessive-force material-facts prison-officials summary-judgment This petition seeks review of an order affirming appeal from the U.S. court of appeals granting summary judgment in favor of prison official, in his 4…
21-980 Brad Jennings v. Daniel F. Nash, et al. Eighth Circuit 2022-01-10 Denied Response WaivedRelisted (2) evidentiary-doctrine federal-rules-of-evidence jury-instructions opening-the-door prejudicial-effect probative-value rule-403 summary-judgment 1. Does the doctrine of "opening the door" require the traditional Federal Rules of Evidence Rule 403 balancing of probative value versus prejudicial …
21-6805 Louis Roy Chapman v. Phyllis Smith, et al. Fourth Circuit 2022-01-10 Denied IFP civil-procedure civil-rights district-court due-process judicial-bias judicial-recusal jury-trial procedural-error recusal standing summary-judgment WHETHER THE HONORABLE JOHN A GIBNEY, JR., UNITED STATES DISTRICT COURT JUDGE, IN THIS CIVIL RIGHTS ACTION, ERRORED WHEN HE DID NOT RECUSE HIMSELF, P…
21-947 Tettus Davis, et ux. v. Jonathon Hodgkiss Fifth Circuit 2021-12-28 Denied Response Waived 4th-amendment civil-procedure civil-rights fourth-amendment franks-challenge interlocutory-appeal probable-cause qualified-immunity search-warrant section-1983 summary-judgment 1. In a 42 U.S.C. § 1983 lawsuit alleging a Franks v. Delaware violation of the Fourth Amendment, where the plaintiff has made at least one substantia…
21-935 McIlwain, LLC, aka Timothy J. McIlwain, Attorney at Law v. Hagens Berman Sobol Shapiro LLP Ninth Circuit 2021-12-23 Denied Response Waived constitutional-rights due-process equal-protection osborn-v-bank-of-the-united-states pro-hac-vice pro-se rowland-v-mens-colony subject-matter-jurisdiction summary-judgment transunion-llc-v-ramirez 1. Did the court below err in not considering the issue of whether the District Court had subject matter jurisdiction to consider the sole special d…
21-6675 Robert JW McCleland v. Rick Raemisch, et al. Tenth Circuit 2021-12-22 Denied Response WaivedIFP 28-usc-1915 civil-procedure civil-rights due-process expert-witness fed-r-evid-706 indigent-party judicial-notice medical-facts pro-bono-counsel standing summary-judgment 1. Whether the appellate courts should apply case law established under Fed.R.Evid. 706, which denies the appointment of expert witnesses because of …
21-6660 Joshua Vance Jones v. Emily Ridder, et al. Sixth Circuit 2021-12-20 Denied IFP appellate-review arbitrary-and-capricious civil-procedure constitutional-rights court-procedure due-process legal-remedy procedural-due-process standing summary-judgment untimely-filing 1. Did the Appellate Court err when acting in direct violation of the facts of the case, the Rules of the Court, and the codified laws of the United …
21-837 Robert Bohanon, et al. v. Jacqueline Lawrence, et al. Ninth Circuit 2021-12-08 Denied Amici (1)Response Waived appeals appellate-jurisdiction civil-procedure district-court federal-courts interlocutory-appeal jurisdiction qualified-immunity summary-judgment Whether, and in what circumstances, a federal court of appeals has jurisdiction over an immediate appeal from a district court's summary-judgment orde…
21-844 Jim Carmack v. Mark Janny, et al. Tenth Circuit 2021-12-07 Dismissed civil-rights due-process first-amendment free-speech housing-services parole parole-conditions religious-freedom state-action state-actor summary-judgment Whether the employee of a private, religious nonprofit may be held liable, as a state actor, for making pro bono housing and social services at the no…
21-6531 Billy Mack Nichols, Jr. v. Gary Kerstein, et al. Eighth Circuit 2021-12-06 Denied Relisted (2)IFP 14th-amendment 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment equal-protection medical-care medical-negligence summary-judgment 1) Whether the lower courts were wrong for not seeking out, or for not causing the medical doctor, defendant, to seek out the cause for my Central Dia…
21-6414 Charles Wayne Marietta v. Leanne LoBue, et al. Ninth Circuit 2021-11-24 Denied Relisted (2)IFP 8th-amendment civil-rights discovery due-process judicial-discretion medical-evidence medical-treatment summary-judgment Did the District Court of Arizona err in granting Summary Judgment for Defendants without meeting all the elements of Appellant's Original Complaint, …
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…
21-775 Thomas Edward Rubin v. United States Ninth Circuit 2021-11-24 Denied Response WaivedRelisted (2) cancellation-of-debt congressional-authority debt-cancellation due-process income-recognition ninth-circuit summary-judgment tax tax-law Did the Ninth Circuit err when, disregarding the precedential cases in the Ninth Circuit, in sister circuits, and in this Court, it disallowed a taxpa…
21-744 William Maner v. Dignity Health, fka Catholic Healthcare West Ninth Circuit 2021-11-18 Denied civil-rights employment employment-law favoritism gender-discrimination summary-judgment title-vii workplace-favoritism 1. ) Where an employer allows workplace activities of ongoing, egregious, or multiple instances of favoritism to occur, such as job hiring, 'job reten…
21-6308 Iona Sanders v. Christwood Fifth Circuit 2021-11-17 Denied Response WaivedRelisted (2)IFP amendment-seven civil-rights covid-19 due-process jury-trial medical-records-privacy pandemic-jury-trial race-discrimination recusal-motion standing summary-judgment 1. Whether a pandemic overrides Amendment VII, which states, "the right of trial by jury shall be preserved, " when the district court judge stated, "…
21-656 John Oirya v. Brigham Young University Tenth Circuit 2021-11-08 Denied 10th-circuit administrative-discretion due-process gender-bias judicial-review school-discipline student-rights substantial-evidence summary-judgment title-ix 1. Should this Court amend its holding in Goss v. Lopez, 419 U.S. 565, 579 (1975), and require federal courts to review the disciplinary decision of a…
21-662 Michael Bright-Asante v. Saks & Company, Inc., et al. Second Circuit 2021-11-04 Denied civil-rights due-process human-rights-law jury-trial section-1981 seventh-amendment standard-of-review summary-judgment 1. Did the Second Circuit Court of Appeals in its de novo review, and the United States District Court for the Southern District of New York, apply th…
21-6151 Gary DuBose Terry v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al. Fourth Circuit 2021-11-02 Denied IFP civil-rights due-process habeas-corpus ineffective-assistance martinez-exception martinez-v-ryan post-conviction-review summary-judgment trial-counsel In determining whether a federal habeas petitioner's pleadings and supporting documents have alleged a substantial but defaulted claim of ineffective …
21-647 Janet Perdue v. Sanofi-Aventis U.S. LLC Fourth Circuit 2021-11-02 Denied ada-accommodation ada-reasonable-accommodation disability-discrimination job-sharing neutral-work-rule pretext reasonable-accommodation summary-judgment us-airways-v-barnett work-rule 1. The Panel held that a neutral company work rule requiring "managerial approval" before a job-share position is even created trumps the ADA's provis…
21-6093 Jeffrey D. Leiser v. Karl Hoffmann, et al. Seventh Circuit 2021-10-27 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment deliberate-indifference eighth-amendment inmate-rights medical-treatment summary-judgment wanton-suffering Did the District Court and Seventh Circuit Court of Appeals misapplied the legal presidents that 46 days of severe "unnecessary inflict of wanton pain…
21-6075 James Frei v. United States Sixth Circuit 2021-10-27 Denied Response WaivedIFP civil-rights due-process equal-protection qualified-immunity standing summary-judgment Question not identified.
21-598 Dipankar Chandra v. Leonardo DRS, Inc., et al. Texas 2021-10-25 Denied Response Waived causation civil-procedure federal-jurisdiction statute-of-limitations summary-judgment TWCA-claim Can the judgment of the court below, which granted Respondents' Motion for Summary Judgment regarding Petitioner's claims for negligence, gross neglig…
21-593 Priscilla Everette-Oates v. Beth Wood, et al. Fourth Circuit 2021-10-22 Denied Response Waived civil-rights civil-rights-action conspiracy due-process evidence-concealment immunity municipal-immunity municipal-liability prosecutorial-immunity section-1983 summary-judgment In a claim alleging conspiracy to conceal evidence against a public official who was falsely charged with embezzlement, can multiple municipal defenda…
21-586 Peter Daza v. Indiana, et al. Seventh Circuit 2021-10-21 Denied Response Waived appellate-review civil-procedure claim-preclusion discovery due-process judicial-procedure litigation-strategy lucky-brand-v-marcel rehiring sineneng-smith-v-us summary-judgment 1. Is the Seventh Circuit decision, requiring that claims between the parties that occur after the filing of a lawsuit must be filed in a pending laws…
21-6048 Shakina Ortega v. Higgs Fletcher and Mack LLP, et al. California 2021-10-21 Denied Response WaivedIFP civil-procedure constitutional-rights due-process equal-protection impartial-court racial-discrimination self-representation self-represented summary-judgment 1. Whether the Court of Appeals ' decision to uphold the granting of the summary judgment motion when discovery was not complete, in conflict with the…
21-5986 Kathleen C. Hampton v. PROF-2013-S3 Legal Title Trust, by U.S. Bank National Association, as Legal Title Trustee Virginia 2021-10-18 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-challenge due-process fair-trial foreclosure foreclosure-law property-rights summary-judgment unlawful-detainer Whether the Supreme Court of Virginia's Opinion that "there is no reversible error in the judgment complained of" in the Loudoun County Circuit Court'…
21-559 Todd W. Hutton, et al. v. Bank of New York Mellon Trust Company, N.A. Fifth Circuit 2021-10-15 Denied Response Waived circuit-split civil-procedure counsel-illness excusable-neglect federal-rules-of-civil-procedure illness-of-counsel rule-60b summary-judgment texas-law This case presents two questions: 1. Is illness of counsel which results in failure to comply with the local rules, a basis for relief as inadvertenc…
21-549 Nicole Hutcheson, et al. v. Dallas County, Texas, et al. Fifth Circuit 2021-10-13 Denied Response Waived civil-rights discovery discovery-standard municipal-liability plausibility-pleading qualified-immunity summary-judgment training 1a. This Court has permitted "limited discovery" in cases where the defendant has asserted the affirmative defense of qualified immunity in its answer…
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—…
21-508 In Re William J. French, et al. 2021-10-06 Denied abuse-of-discretion class-certification contract-law district-court-discretion economic-discrimination insurance-discrimination long-term-care-insurance qualified-long-term-care-insurance summary-judgment tax-benefits In 1996 Congress enacted Internal Revenue Code ("Code") Subchapter C—Long-Term Care Services and Contracts, which entitles purchasers of Qualified Lon…
21-492 Edeline Julmisse Prosper, as Personal Representative of the Estate of Junior Prosper v. Anthony Martin Eleventh Circuit 2021-10-04 Denied Response Waived civil-rights excessive-force scott-v-harris section-1983 summary-judgment tolan-v-cotton use-of-force video-evidence Under Scott and Tolan , must courts implement the traditional summary judgment requirement that all evidence be considered in the light most favorable…
21-478 Ee Hoong Liang v. Panircelvan Kaliannan, et al. Eighth Circuit 2021-09-30 Denied due-process federal-rules-of-civil-procedure forum-non-conveniens minimum-contacts personal-jurisdiction specific-jurisdiction summary-judgment Personal Jurisdiction and Forum Non Conveniens 1) All the parties are citizens and residents of the Republic of Singapore, where they live, work, and…
21-5733 Eric Westry v. Victor Leon Second Circuit 2021-09-21 Denied Relisted (2)IFP brady-violation civil-rights due-process excessive-force police-misconduct qualified-immunity standing summary-judgment 1. How is it proper and legal for the court to state there were undisputed facts of physical assault, threatening behavior, and physical resistance of…
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…
21-5716 Pecola Cousar v. New York-Presbyterian Queens Second Circuit 2021-09-20 Denied Response WaivedIFP civil-procedure civil-rights discovery district-court-discretion due-process pro-se-litigant procedural-error standing summary-judgment title-vii Whether the district court error and/or abused its discretion by not affording the Petitioner leave to amend her complaint and instead granted the Re…
21-409 Anthony Italo Provitola, et ux. v. Commissioner of Internal Revenue Eleventh Circuit 2021-09-15 Denied Response Waived appellate-jurisdiction appellate-rules article-iii circuit-court civil-procedure federal-rules judicial-review procedural-rules standing summary-judgment tax-court Whether the United States Circuit Courts of Appeal have the power to override federal statutory appellate rules with their decision to render unappeal…
21-5688 Larry Donnell Dunlap v. Corizon Health, Inc. Ninth Circuit 2021-09-15 Denied IFP abuse-of-discretion appellate-review civil-procedure disputed-facts facts-unavailable judicial-interpretation legal-standard motion-procedure petitioner respondents summary-judgment Did the trial Court Judge of the rs wiVPi facts Were Omto/MZ to PHhner in order to ckfe fa the (\-esfordents MobiM fbrS)mmary J\jdf Mart accurst him f
21-399 Chester Lee Reneau v. Mary Cardinas, et al. Tenth Circuit 2021-09-14 Denied Response Waived cruel-and-unusual-punishment deliberate-indifference eighth-amendment medical-negligence prisoner-rights serious-medical-needs seventh-amendment summary-judgment Can prison doctors violate the Eighth Amendment by exposing prisoner's to the "unnecessary and wanton" infliction of pain? And, does the Constitution …
21-393 Sanford A. Mohr, et ux., Individually and as Co-Trustees of Their October 15, 1996 Unrecorded Revocable Trust v. MLB, SUB I, LLC Ninth Circuit 2021-09-13 Denied Response Waived constitutional-rights due-process equal-protection foreclosure hawaii-law quiet-title summary-judgment Whether the Ninth Circuit Court of Appeals and the United States District Court for the District of Hawaii denied Petitioners Mohrs' Constitutional ri…
21-389 Sergio Momox-Caselis, et al. v. Tara Donohue, et al. Ninth Circuit 2021-09-10 Denied Response Waived anderson-v-liberty-lobby appellate-review civil-procedure judicial-procedure liberty-lobby ninth-circuit standard-of-review standards summary-judgment supervisory-power Whether the Ninth Circuit Court of Appeals departed from the accepted and usual course of the standards established by this Court in Anderson v. Liber…
21-362 Reuel Jacques Abale Gnalega v. United States, et al. District of Columbia 2021-09-08 Denied Response Waived civil-rights discovery due-process federal-tort-claims-act medical-malpractice standing statute-of-limitations summary-judgment va-hospital veterans-affairs (A) Issue 1: Whether Appellate review of a grant of summary judgment was de novo , (Judicial Watch, finely. rflep 'tfofD?f.-, M3 F.3d 1106, 1110't&.C …
21-352 Jason Gonzales v. Michael J. Madigan, et al. Seventh Circuit 2021-09-07 Denied Response Waived 42-usc-1983 42-usc-1985 civil-rights constitutional-rights due-process election-campaign electoral-misconduct first-amendment summary-judgment Do the protections of the First Amendment bar use of a candidate's unproven allegations of electoral misconduct during an election campaign as a basis…
21-329 Rosemary Garity v. Louis DeJoy, Postmaster General Ninth Circuit 2021-09-01 Denied Response Waived circuit-court civil-procedure civil-rights discrimination due-process fourteenth-amendment jury-trial make-whole-remedy pro-se sanctions standing summary-judgment The questions presented show conflict with Precedent of this Court and all Circuit Courts. The significant practical consequence is promotion of discr…
21-5557 Chasmind David Miller v. Government Employees Insurance Company, et al. Ninth Circuit 2021-09-01 Denied Response WaivedRelisted (2)IFP abuse-of-discretion appellate-review civil-procedure civil-rights conflict-of-interest court-conflict due-process judicial-discretion procedural-due-process standing summary-judgment 1)Did the appellate court issue a decision that directly conflicted with an earlier decision in a case with the same issues. 2)Did the appellate cour…
21-313 Ciara Vesey v. Envoy Air, Incorporated, dba American Eagle Airlines, Inc. Seventh Circuit 2021-08-31 Denied Response Waived cats-paw civil-rights due-process employment retaliation summary-judgment 1. Where the employer in close coordination with petitioner's biased supervisor to conduct a sham investigation which adopted the supervisor's false c…
21-5459 Bernabe Encarnacion v. Anthony J. Annucci, Acting Commissioner, New York Department of Corrections and Community Supervision, et al. Second Circuit 2021-08-24 Denied Response WaivedIFP appellate-jurisdiction civil-procedure civil-rights conflict-of-interest double-jeopardy due-process final-decision jurisdiction pro-bono-counsel standing summary-judgment Question not identified.
21-5414 Johnny Tippins v. Anthony Immel, et al. Sixth Circuit 2021-08-18 Denied Response WaivedIFP appellate-review civil-procedure civil-rights constitutional-law due-process factual-dispute legal-standard motion-denial procedural-challenge standing statutory-interpretation summary-judgment DID THE COURT OF APPEALS ABUSE THEIR DISCRETION WHEN IT VIEWED THE EVIDENCE AT SUMMARY JUDGMENT IN THE LIGHT MOST FAVORABLE TO PETITIONER AND DENIED H…
21-236 Charles A. Dread v. Maryland State Police Fourth Circuit 2021-08-18 Denied civil-procedure constitutional-rights due-process evidentiary-hearing hearing maryland-rule-2-311(f) official-responsibility racial-discrimination summary-judgment (1) Was the Trial Court's denial of the Petitioner's Motion for Summary Judgment and Request for Hearing without granting the Petitioner a Hearing he …
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…
21-150 The Texas Brandon Corporation, Inc., et al. v. EOG Resources, Inc., et al. Texas 2021-08-03 Denied Response Waived civil-procedure corporate-dispute district-court due-process judicial-misconduct oil-and-gas-rights severance standing summary-judgment trespassing trial-court Does Russell Wilson, the judge of the 218th District Court of Karnes County, Texas, list the objections, stated by John R. Chiles IV, and Ronald Wilso…
21-140 Rosemary Garity v. APWU National Labor Organization Ninth Circuit 2021-08-03 Denied Response Waived ada-discrimination circuit-court-conflict circuit-courts civil-rights discrimination due-process precedent precedent-interpretation pro-se-considerations summary-judgment union-liability 1. Is "But for" the standard for ADA discrimination claims as determined here? 2. Did the Ninth Circuit err, in contrast to all other Courts of Appea…
21-136 Melanie Pelcha v. Watch Hill Bank Sixth Circuit 2021-08-02 Denied adea age-discrimination but-for-causation but-for-test causal-standard causation employment employment-law summary-judgment workplace-termination 1. Does the Age Discrimination in Employment Act (ADEA) require the plaintiff to prove that age was the sole reason for her termination? 2. Is the em…
21-131 Blanche A. Brown v. Joseph Friel, Police Chief, et al. Third Circuit 2021-07-30 Denied Response Waived abuse-victim-protection civil-rights constitutional-rights domestic-violence due-process free-speech patient-abuse probable-cause retaliation summary-judgment IT IS BELIEVED that: A Permanently Disabled Medically Vulnerable Patient's RIGHT to: (1) REPORT Patient ABUSE: Elder ABUSE to an abuser's Govt Medical…
21-5267 Robert Drawn, IV v. Robert Neuschmid, Warden Ninth Circuit 2021-07-30 Denied Response WaivedIFP civil-rights constitutional-claims district-court-assessment due-process equal-protection judicial-review legal-standard qualified-immunity reasonable-jurists summary-judgment writ-of-certiorari DID PETITIONER DEMONSTRATE THAT REASONABLE JURISTS WOULD FIND THE DISTRICT COURT'S ASSESSMENT OF THE CONSTITUTIONAL CLAIMS DEBATABLE OR WRONG ...
21-5189 Gary Hatter v. Gloria Williams, et al. Seventh Circuit 2021-07-23 Denied Response WaivedIFP civil-procedure disability-discrimination due-process housing-authority hud jury-trial pro-se procedural-due-process seventh-amendment summary-judgment 1. Did granting a Summary Judgment violate my Seventh Amendment rights to a trial by jury as this was my request and my constitutional right as a US C…
21-89 Mati Leeal, et ux. v. Ditech Financial, LLC Sixth Circuit 2021-07-22 Denied appellate-review civil-procedure civil-rights district-court due-process federal-jurisdiction legal-claims Sixth-Circuit summary-judgment 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…
21-52 Emmanuel Edokobi v. Toyota Motor Credit Corporation, et al. Fourth Circuit 2021-07-14 Denied appellate-review civil-procedure civil-rights due-process judicial-conduct judicial-disability standing subject-matter-jurisdiction summary-judgment 1. When reviewing a district court's ruling to dismiss a civil case dismissed on Motion for Summary Judgment should the Fourth Circuit Court of Appeal…
21-5033 Relonzo Phillips v. Melody M. Maddox, Sheriff, Dekalb County, Georgia Georgia 2021-07-08 Denied IFP civil-procedure civil-rights due-process judicial-economy malicious-prosecution patent pendent-jurisdiction qualified-immunity standing state-law-claims summary-judgment takings Question not identified.
21-5018 In Re Zoe Ajjahnon 2021-07-06 Denied Relisted (2)IFP civil-procedure default-judgment due-process false-claims-act federal-rules-civil-procedure federal-rules-of-civil-procedure pro-se-litigant summary-judgment third-circuit-court Do the False Claims Act statutes -31 USC §§ 3729-3799 - preclude established standards of Federal Rules for Civil Procedure Rule 56 in a default/summa…
20-1817 Ezaki Glico Kabushiki Kaisha, et al. v. Lotte International America Corp., et al. Third Circuit 2021-06-29 Denied Amici (4)Relisted (3) alternative-designs circuit-split design-protection functionality lanham-act product-configuration summary-judgment trade-dress utility-patent The Lanham Act protects trade dress from unlawful copying. Trade dress includes a product's design, such as the red wax seal on a bottle of Maker's Ma…
20-1805 Wylmina Elizabeth Hettinga v. United States, et al. Ninth Circuit 2021-06-25 Denied Response Waived 42-usc-1983 civil-procedure civil-rights district-court due-process federal-civil-rights ninth-circuit standing summary-judgment Are the United States District Courts routinely deciding disputed facts in favor of the defending state court actor 's motion for summary judgment …
20-1795 Gregory Melvin Haynes v. State Bar of California California 2021-06-24 Denied Response Waived attorney-discipline california-supreme-court clear-and-convincing-standard due-process reciprocal-discipline selling-v-radford summary-judgment Does the California Reciprocal attorney discipline statute —Business and profession code 6049.1 - violate the standard set forth in Selling v Radfor…
20-1796 Justin Strolis v. Lucas Heise Eleventh Circuit 2021-06-24 Denied civil-rights co-defendant-identification fourth-amendment malicious-prosecution probable-cause qualified-immunity summary-judgment witness-identification I. In this civil malicious prosecution claim, is it error to replace the Fourth Amendment's totality-of-the-circumstances test for probable cause as t…
20-8379 Anthony Donell Johnson v. Rowan Helping Ministries Fourth Circuit 2021-06-22 Denied IFP civil-rights district-court due-process employment evidence-review job-performance performance-evaluation pretext summary-judgment termination workplace-dispute Question not identified.
20-8308 Wilhelmina Montgomery v. NBC Television, et al. Second Circuit 2021-06-15 Denied Relisted (2)IFP civil-procedure copyright-infringement due-process fair-use jury-trial pro-se-litigation procedural-due-process service-of-process summary-dismissal summary-judgment visual-evidence As I, the pro se Plaintiff-Appellant pointed out in my First Amended Complaint I. (Doc. 9) and in my Second Amended Complaint (Doc. 51) two (2) differ…
20-1736 Katrina L. Webster v. Thomas W. Harker, Acting Secretary of the Navy, et al. District of Columbia 2021-06-15 Denied Response Waived civil-rights deposition-misconduct due-process eeoc eeoc-procedure employment-discrimination evidence-tampering legal-ethics summary-judgment witness-tampering Defendant's Counsel stopping a deposition to direct a deponent [CAPT Patrick Croley] to change his testimony to hide discrimination, should be suffici…
20-1739 Carline M. Curry v. Joseph R. Biden, Jr., President of the United States, et al., Sixth Circuit 2021-06-15 Denied Response Waived bad-faith-affidavit civil-procedure default-judgment informa-pauperis mandamus preponderance-of-evidence summary-judgment In case No. 18 - 5567 & 2018-0212 Writ and Rehearing in the lower and Supreme Court of Ohio: When the City failed to Plead Should Plaintiff Curry been…
20-1707 Katherine Jacobs v. Johnson Storage & Moving Co. Holdings, LLC Eighth Circuit 2021-06-10 Denied Response Waived administrative-errors civil-procedure due-process evidence flsa-violations fraud material-facts overtime-approval perjury summary-judgment (1) Whether the district court did not uphold F.R.C.P. Rule 56, Rule 60(b) and the Supreme Court's summary judgment standards when weighing and dismis…
20-1696 Jeriel Edwards v. Steven Harmon, et al. Tenth Circuit 2021-06-08 Denied Response Waived bodycam-evidence bodycam-video civil-rights civil-rights 20-1695" civil-rights-litigation de-novo-standard excessive-force fifth-circuit-review frcp-60b4-motion inherent-court-powers jurisdictional-requirements qualified-immunity rule-54-attorney-fees section-1983 summary-judgment Whether the Fifth Circuit can refuse to review the Does Scott v. Harris alter, or merely implement, traditional summary-judgment requirements—especially when a nonmovant § 1983 plaintiff relies on mova…
20-1690 Ramon Cortesluna v. Daniel Rivas-Villegas, et al. Ninth Circuit 2021-06-07 Denied Response WaivedRelisted (3) civil-rights due-process excessive-force graham-factors material-facts police-shooting qualified-immunity scott-v-harris summary-judgment tolan-v-cotton video-evidence Did the Ninth Circuit depart from longstanding procedure and precedent and fail to view video and other evidence in the light most favorable to the pl…
20-1672 Joan Carol Lipin v. Wisehart Springs Inn, Inc., et al. Tenth Circuit 2021-06-02 Denied attorney-misconduct civil-procedure civil-rights collateral-estoppel due-process first-amendment fraud-on-the-court judicial-authority summary-judgment supreme-court-precedent trust-agreement I. If the sanctity of the express and unambiguous written intent, terms, and conditions of an Act of Congress are inviolate, like the express and unam…
20-8176 Leslie Willis v. Lawrence J. O'Toole, Judge, Court of Common Pleas of Pennsylvania, Allegheny County, et al. Third Circuit 2021-05-28 Denied Relisted (2)IFP civil-procedure constitutional-rights due-process fiduciary-duty fraud judicial-immunity jurisdiction petition-clause standing summary-judgment 1. Whether a Court may grant summary judgment without jurisdiction; and where there is no absolute or quasi-judicial immunity; where there were no dis…
20-1609 David R. Seaton v. Blake Johnson, et al. District of Columbia 2021-05-19 Denied Response Waived constitutional-rights de-escalation electronic-evidence evidence-standards police-brutality pro-se-litigants pro-se-litigation recent-rulings summary-judgment use-of-force 1. Should police brutality be constitutionally protected? 2. Do regulations ordering police to de-escalate confrontations instill an affirmative duty…
20-1582 Wei-Ping Zeng v. Texas Tech University Health Science Center at El Paso, et al. Fifth Circuit 2021-05-14 Denied Response Waived due-process employer-policy employment-discrimination liberty-interest stigma stigma-harm summary-judgment wrongful-termination Whether the Court should resolve the following question for which the circuit courts of appeals are split: for his/her claim of wrongful termination f…
20-7996 Roland Leroy Reese-Bey v. Juan Guerrero, et al. Ninth Circuit 2021-05-12 Denied Response WaivedIFP 14th-amendment 4th-amendment 5th-amendment civil-rights constitutional-rights due-process fourth-amendment jurisdiction right-to-travel summary-judgment traffic-stop Where jurisdiction was initially questioned and never established or proven on the record, in an arrest and prosecution resulting from an "alleged" an…
20-7979 Talmadge Adib Talib v. Juan Guerrero, et al. Ninth Circuit 2021-05-10 Denied Response WaivedIFP 14th-amendment 4th-amendment 5th-amendment civil-rights constitutional-rights due-process fifth-amendment fourth-amendment jurisdiction jurisdiction-challenge summary-judgment Where jurisdiction was initially questioned and never established or proven on the record, in an arrest and prosecution resulting from an "alleged" an…
20-1549 Jeffrey B. Broadhurst v. Citimortgage, Inc. Third Circuit 2021-05-07 Denied Response Waived civil-procedure consumer-protection contract deposition-testimony due-process loan-modification standing summary-judgment third-circuit UTPCPL Whether the Third Circuit Court of Appeals Erred in Affirming the District Court's Order Granting Respondent's Motion for Summary Judgment by finding …
20-1526 Warnock Engineering, L.L.C., et al. v. Canton Municipal Utilities Fifth Circuit 2021-05-03 Denied civil-procedure due-process federal-pleading-standards first-amendment johnson-v-shelby pleading-standards quantum-meruit retaliation-claim standing summary-judgment 1. Whether the Court of Appeals' decision affirming the dismissal of Petitioners' quantum meruit claim due to alleged inadequate pleading should be re…
20-7888 James Arthur Ross v. Steven Shelton, et al. Ninth Circuit 2021-04-29 Denied Response WaivedIFP abuse-of-discretion appointment-of-counsel civil-procedure civil-rights due-process judicial-discretion medical-treatment pro-se-litigant procedural-fairness standing summary-judgment 1. Did the District Court abuse it's discretion by refusing to even request the appointment of counsel in this case? 2. Was the District Court wrong…
20-7874 Ted A. McCracken v. R.J. Reynolds Tobacco, et al. Third Circuit 2021-04-28 Denied Response WaivedIFP 7th-amendment causation-evidence civil-rights expert-testimony jury-trial pro-se-plaintiff pulmonologist-analysis seventh-amendment summary-judgment tobacco-litigation WAS IT NOT A DENIAL OF PETITIONER'S 7th AMENDMENT RIGHT TO JURY TRIAL FOR THE DISTRICT COURT TO GRANT RESPONDENT(S) SUMMARY JUDGMENT ON THE ISSUE OF L…
20-1446 Patricia LaCourse, Individually and as Personal Representative of the Estate of Lt. Colonel Matthew LaCourse v. PAE Worldwide Incorporated, et al. Eleventh Circuit 2021-04-16 Denied Response Waived boyle-v-united-technologies civil-procedure death-on-high-seas-act death-on-the-high-seas-act discretion-in-contract-performance government-contractor-defense jury-trial maritime-law summary-judgment 1. Did the Court of Appeals err in extending the federal common law "government contractor defense" established in Boyle v. United Technologies Corp.,…
20-7734 Imeh U. Affiah v. Texas Southmost College, et al. Fifth Circuit 2021-04-13 Denied Response WaivedIFP appellate-procedure appellate-review civil-procedure court-jurisdiction due-process fabricated-evidence judicial-review legal-review procedural-due-process standing summary-judgment This case involves some questions meriting argument: Why? (a) The US Court of Appeals, 5th Circuit and the US District Court Southern Division, Browns…
20-7717 Chadd A. Morris v. Shan Jumper, et al. Seventh Circuit 2021-04-12 Denied IFP 14th-amendment civil-rights constitutional-rights due-process inadequate-treatment judicial-misconduct professional-judgment self-incrimination summary-judgment systemic-changes treatment-standards When making rulings thought the plaintiffs litigation, courts failing to comply with controlling, precedential case laws/legal standards, cited in pla…
20-1414 Uber Technologies, Inc., et al. v. Ali Razak, et al. Third Circuit 2021-04-08 Denied Response Waived circuit-split economic-reality employee-classification fair-labor-standards-act independent-contractor question-of-law right-to-control summary-judgment third-circuit This Court has long held that whether a worker is an employee for purposes of the Fair Labor Standards Act ("FLSA") turns on the "economic reality" of…
20-7625 James Arthur Ross v. John Myrick, et al. Ninth Circuit 2021-04-01 Denied Response WaivedIFP civil-procedure civil-rights district-court-discretion due-process judicial-error prisoner-rights pro-se-litigation property-exemption standing statutory-interpretation summary-judgment Did the District Court error by ignoring Oregon's Wildcard Exemption Rule announced in ORS 18.345(l)(o)(2011) and in Schlunt v. Nooth, 261 Or. App. 86…
20-1365 In Re Arno P. Kuigoua 2021-03-31 Denied Response Waived civil-procedure civil-rights discrimination employment-discrimination employment-law retaliation summary-judgment whistleblower-protection Whether in a case like this one, where the petitioner was denied on appeal his motion to remand his civil suit for jury trial, claiming six counts of …
20-7531 Baidehi L. Mukherjee v. The Childrens Mercy Hospital Eighth Circuit 2021-03-23 Denied IFP after-acquired-evidence appellate-review civil-procedure due-process employment-discrimination equal-protection hearsay-evidence jury-instructions standard-of-review summary-judgment 1. Should the violation of Standard of Review for Summary Judgment be allowed to stand uncorrected? 2. Should the violation of Federal Rules of Civil…
20-1296 Walter Skipper v. A&M Dockside Repair, Incorporated, et al. Fifth Circuit 2021-03-18 Denied Response Waived affirmative-defenses circuit-split civil-procedure federal-rules-of-civil-procedure pleading-amendment scheduling-order summary-judgment supreme-court-precedent Does precedent in the United State Court of Appeals for the Fifth Circuit which allows defendants to raise affirmative defenses in a motion for summar…
20-7399 Jenita Clancy v. Lloyd J. Austin, III, Secretary of Defense Tenth Circuit 2021-03-09 Denied Response WaivedRelisted (2)IFP disability-discrimination disability-harassment employment-retaliation federal-rule-15 first-amendment post-employment-retaliation rehabilitation-act retaliation summary-judgment title-vii Federal law strictly prohibits false declaration and misleading conduct in Court against Rehabilitation Act binding in potential Agency that discharge…
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.…
20-7289 Bobby Campbell, Jr. v. Bottling Group, LLC Second Circuit 2021-03-01 Denied Response WaivedIFP 7th-amendment civil-rights comparator-analysis employment-discrimination mcdonnell-douglas pretext seventh-amendment similarly-situated summary-judgment title-vii 1. Does the 7th Amendment to the United States Constitution prohibit courts from measuring degrees of similarity to grant summary judgment on the fact…
20-1172 George Ponik, et al. v. Jamie Williams, Individually and as Administratrix ad Prosequendum of the Estate of Peter Lee Williams, Deceased, et al. Third Circuit 2021-02-25 Dismissed Response RequestedResponse Waived civil-procedure civil-rights due-process excessive-force law-enforcement objective-reasonableness qualified-immunity summary-judgment 1. May a Court refuse to engage in the requisite two step qualified immunity analysis, based solely on a decision that the more general liability ques…
20-1175 Sandra DeMuth v. Small Business Administration, et al. Second Circuit 2021-02-25 Denied Response Waived civil-rights discrimination due-process employment-discrimination federal-employment personnel-actions retaliation summary-judgment title-vii Does "shall be made free from any discrimination " prohibit personnel actions where either discrimination and/or retaliation are a factor? Does Title…
20-1130 Ericsson Inc., et al. v. TCL Communication Technology Holdings Limited, et al. Federal Circuit 2021-02-17 Denied Relisted (3) appellate-review civil-procedure discretion federal-civil-procedure judgment-as-a-matter-of-law judgment-as-matter-of-law legal-issues preservation-of-issues summary-judgment 1. Whether, notwithstanding the ordinary rule that a pretrial denial of a motion for summary judgment is not reviewable on appeal, there is an excepti…
20-1121 James Saylor v. Taggart Boyd, Interim Warden Eighth Circuit 2021-02-16 Denied Response Waived actual-innocence aedpa civil-procedure due-process gateway-claim habeas-corpus standing summary-judgment 1. Whether summary judgment may be utilized to dispose of a federal habeas petition in light of AEDPA. 2. Whether a State's failure to address a gate…
20-1106 Jane Doe v. Harvard Pilgrim Health Care, Inc., et al. First Circuit 2021-02-11 Denied administrative-record circuit-split de-novo-review erisa-benefits evidence material-dispute standard-of-review summary-judgment 1. Whether, on de novo consideration of an ERISA benefits claim, summary judgment must be denied if there is a genuine dispute of material fact. 2. W…
20-1107 Roddie Melvin v. Federal Express Corporation Eleventh Circuit 2021-02-11 Denied Amici (2)Response Waived age-discrimination circuit-split eleventh-circuit employment-discrimination evidence-standard preponderance-of-evidence preponderance-of-the-evidence seventh-circuit standard-of-proof summary-judgment In evaluating motions for summary judgment under employment discrimination laws, such as the Age Discrimination in Employment Act, must a court examin…
20-1101 Taniesheia Harden v. Comcast Corporation Seventh Circuit 2021-02-10 Denied Response Waived 42-U.S.C.-§-1981 42-usc-1981 burden-of-proof civil-procedure commercial-establishment court-of-appeals pleading-standard summary-judgment unsettled-law Is the grant of summary judgment proper when the movant does not meet its burden?
20-997 Arlane James, et al. v. Noah Bartelt Third Circuit 2021-01-26 Denied Response RequestedResponse WaivedRelisted (5) civil-procedure civil-rights deadly-force johnson-v-jones law-enforcement officer-involved-shooting qualified-immunity self-defense summary-judgment third-circuit use-of-force 1. Whether the Third Circuit's decision to exercise jurisdiction over an appeal of the District Court's denial of qualified immunity on a motion for s…
20-980 Veena Sharma v. Santander Bank First Circuit 2021-01-25 Denied civil-procedure civil-rights due-process federal-crime judicial-review preclusion standing statute-of-limitations summary-judgment 1. Whether the District Court and U.S. Appeals Court for the First Circuit decision of dismissing Petitioner 's claim without issuing summons to Res…
20-964 Orien L. Tulp v. Educational Commission for Foreign Medical Graduates, et al. Third Circuit 2021-01-22 Denied Response Waived civil-procedure evidence-standard genuine-issue-for-trial judicial-review motion-for-summary-judgment non-movant-evidence non-movant-inference standard-of-review summary-judgment tolan-v-cotton 1. Did the lower Court fail to adhere to the axiom that in ruling on a motion for summary judgment "the evidence of the non-movant is to be believed a…
20-976 David H. Penny v. Lincoln's Challenge Academy Seventh Circuit 2021-01-22 Denied Response WaivedRelisted (2) civil-procedure civil-rights constitutional-rights due-process federal-civil-rules judicial-procedure pro-se pro-se-litigants standing summary-judgment What is the proper treatment of Pro Se litigants nationwide who make a technical error or other mistake for lack of knowledge or a misunderstanding of…
20-977 Zachary Pulera v. Victoria Sarzant, et al. Seventh Circuit 2021-01-22 Denied Response Waived anderson-v-liberty-lobby causation-standard civil-procedure civil-rights legal-precedent precedent seventh-circuit standard summary-judgment Whether the Court should resolve the Seventh Circuit's departure from the summary judgment standard articulated by this Court in Anderson v. Liberty L…
20-955 Delva Newhouse, Administratrix of the Estate of William Perry Newhouse, III v. Ethicon, Inc., et al. Fourth Circuit 2021-01-14 Denied Relisted (2) civil-rights due-process federal-law fraud-upon-court fraud-upon-the-court judicial-discretion medical-device product-liability rule-60 summary-judgment DID THE U.S. DISTRICT COURT AND U.S. FOURTH CIRCUIT COURT OF APPEALS JUSTICES ABUSE THEIR DISCRETION, CREATE MANIFEST INJUSTICE, SUBSTANTIALLY ERR, PR…
20-960 Khue Nguyen v. Hai Phu Nguyen, as Administrator of the Estate of Thin Thi Ta, et al. Fifth Circuit 2021-01-14 Denied appellate-jurisdiction breach-of-contract civil-procedure immunity mediation mediation-immunity non-final-judgment summary-judgment tort-claims Whether an appellate court can take the act of refusal to settlement at mediation out of the mediation context to strip off the immunity from liabilit…
20-950 H. Renee James v. City of Montgomery, Alabama Eleventh Circuit 2021-01-14 Denied but-for-causation employment-discrimination first-amendment free-speech mcdonnell-douglas retaliation summary-judgment title-vii 1. Whether the court deprives a plaintiff of her First Amendment right to free speech and expression when, in applying the McDonnell Douglas framework…
20-948 Kobe v. Beverly Buscemi, et al. Fourth Circuit 2021-01-14 Denied Relisted (2) 42-USC-1396a(a)(8) 42-USC-1985(3) Americans-with-Disabilities-Act civil-rights congregate-settings integration-mandate medicaid-act Olmstead-v-L-C reasonable-promptness summary-judgment Question 1. There is a split among the circuits regarding the interpretation and enforcement of of 42 U.S.C. 1396a(a)(8) of the Medicaid Act, which re…
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, …
20-931 Wynship W. Hillier v. Central Intelligence Agency, et al. District of Columbia 2021-01-11 Denied Response WaivedRelisted (2) administrative-procedure agency-declaration agency-records civil-rights classified-records judicial-review privacy-act summary-judgment terrorism 1. Shall summary judgment be awarded in favor of an agency in a suit under the Privacy Act to compel notice of the fact of the existence of records pe…
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 …
20-877 Trinell King v. Ricky Pridmore, et al. Eleventh Circuit 2020-12-31 Denied civil-rights clearly-established excessive-force hope-v-peltzer police-misconduct qualified-immunity racial-bias summary-judgment tolan-v-cotton Respondents Ricky Pridmore, Corey Archer, and Andrew Hill are White police officers who treated Petitioner Trinell King, a young Black citizen, as a t…
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 …
20-871 In Re Bryant Moore 2020-12-31 Denied Response Waived 28-usc-1651 appellate-review default-judgment extraordinary-writ fraud-on-court fraud-on-the-court hazel-atlas-glass-co-v-hartford-empire-co judicial-discretion statutory-interpretation summary-judgment Whether this Court should use its discretion through 28 U.S.C. § 1651(a) and governing law of Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 2…
20-6741 Peter J. McDaniels v. Kathleen Preito, et al. Ninth Circuit 2020-12-31 Denied Response WaivedIFP burden-of-proof civil-rights constitutional-rights document-request due-process evidence evidence-withholding legal-discovery spoliation state-officials summary-judgment Question not identified.
20-6717 Jay S. Kravitz v. Kenneth Leis, et al. Second Circuit 2020-12-29 Denied IFP civil-rights due-process first-amendment free-speech grievance-procedure incarceration-rights prison-policy religious-freedom summary-judgment Whether Petitioner presented an underlying First Amendment Constitutional violation in complaining of Respondents' depriving him of the use of Tefilli…
20-839 Kenneth Greenway v. Southern Health Partners, Inc., et al. Eleventh Circuit 2020-12-22 Denied credibility-of-statements deliberate-indifference fourteenth-amendment inmate-rights jail-officials medical-needs serious-medical-needs summary-judgment tolan-v-cotton 1. Should the Eleventh Circuit be permitted to reinvent the Fourteenth Amendment standard for deliberate indifference to serious medical needs by ruli…
20-792 Melinda Beazley Pearson v. City of Augusta, Georgia, et al. Eleventh Circuit 2020-12-11 Denied civil-rights due-process employment-discrimination investigation loudermill-hearing neutral-decisionmaker pretext pretext-analysis public-employment summary-judgment Was it error for the panel to affirm a grant of summary judgment, finding due process had been provided where a challenged demotion had been effected …
20-790 Reginald Eric Sprowl v. Mercedes-Benz U.S. International, Inc. Eleventh Circuit 2020-12-09 Denied Response Waived burden-of-proof burden-shifting civil-procedure civil-rights disparate-treatment employment-discrimination mcdonnell-douglas prima-facie-case summary-judgment 1. Should the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) burden shifting test remain a part of the summary judgment analysis?
20-788 Wilbur S. Veasy, et al. v. Fraternal Order of Police Jim Fogleman Lodge #50, Inc. Florida 2020-12-09 Denied Response Waived access-to-court appellate-review civil-procedure constitutional-rights due-process procedural-impropriety standing summary-judgment Whether, by affirming that Petitioners lack standing, in the face of evidence to the contrary and procedural improprieties, the Florida Fourth Distric…
20-769 GS Cleantech Corporation, et al. v. Adkins Energy LLC, et al. Federal Circuit 2020-12-04 Denied Amici (1)Response Waived appellate-review civil-procedure de-novo-review federal-circuit patent patent-act patent-law standard-of-review summary-judgment Until the Federal Circuit's decision in this patent case, every Circuit had held that an issue resolved on partial summary judgment, and not reopened …
20-750 Timothy P. Murphy v. Susan Stacy, Circuit Court Judge Eleventh Circuit 2020-12-03 Denied Response Waived civil-procedure constitutional-rights due-process erie-doctrine federal-courts state-law-interpretation subject-matter-jurisdiction summary-judgment swift-v-tyson 1. Whether under any circumstances in their appli cation of common law, federal courts are allowed the authority or discretion to disregard this Cou…
20-6528 Ecclesiastical Denzel Washington v. Benjamin Brooke, et al. Eighth Circuit 2020-12-03 Denied IFP civil-rights deliberate-indifference due-process eighth-amendment failure-to-protect prison-conditions prison-safety summary-judgment 1. WHETHER THE DISTRICT COURT IN GRANTING SUMMARY JUDGMENT IMPROPERLY DECIDED FACTUAL ISSIES WHETHER THE PLAINTIFF FACTUAL ALLATIONS ON AN UNPROVOKED …
20-6403 Casey Mattingly v. Duval County Jail, et al. Eleventh Circuit 2020-11-23 Denied Response WaivedIFP 14th-amendment 8th-amendment appellate-procedure civil-rights constitutional-rights due-process equal-protection jury-trial summary-judgment Question not identified.
20-628 Samuel Anstey v. Ralph Terry, Superintendent, Mount Olive Correctional Complex, et al. Fourth Circuit 2020-11-10 Denied Response Waived actual-innocence aedpa arson-investigation due-process fire-science habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief summary-judgment Whether a petitioner whose conviction was based substantially on discredited arson investigation techniques can survive summary judgment under 28 U.S.…
20-598 Jeffrey F. Kratz v. Nationstar Mortgage, LLC Pennsylvania 2020-11-05 Denied 14th-amendment civil-procedure constitutional-rights due-process mortgage-litigation property-rights summary-judgment A. Was Jeffrey F. Kratz denied his Constitutional Rights under the 14th Amendment of the Constitution of the United States which provides that no pers…
20-596 Leroy E. Scott v. City of St. Petersburg, Florida, et al. Florida 2020-11-04 Denied Response Waived civil-rights due-process equal-protection home-rule-powers municipal-abatement racial-discrimination seventh-amendment special-assessment-liens standing summary-judgment Is the PER CURIAM Affirm opinion, as applied in this case, a pretext for discrimination? Pursuant to Article VIII, Section 2, Florida Constitution, a…
20-6127 Jermaine Antwan Tart v. Jamese Vigus, et al. Fourth Circuit 2020-10-23 Denied IFP civil-rights constitutional-rights disciplinary-hearing discovery-violation due-process evidence-suppression housing judicial-procedure pleadings summary-judgment video-evidence ANX OFFICIAL RULING ON ONE OF THE DUE PROCESS CLAIMS, CLEARLY AND CONCISELY PRESENTED A DUE PROCESS CLAIM . WHICH HAPPENRD DIRECTLY AFTER THE FIRST DU…
20-533 Jeffrey Boudreau, as Personal Representative of the Estate of Wendy Boudreau v. Shaw's Supermarkets, Inc. First Circuit 2020-10-22 Denied Response Waived business-invitee daubert daubert-standard expert-testimony foreseeability kumho premises-liability rule-702 summary-judgment 1. When a legal duty exists in a premises lability context to protect business invitees from reasonably foreseeable harm, is the question of foreseeab…
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…
20-6014 Jasper Lee Vick v. Clement F. Bernard, et al. Sixth Circuit 2020-10-14 Denied IFP 42-usc-1983 civil-rights civil-rights-violation deliberate-indifference due-process first-amendment first-amendment-retaliation medical-segregation prisoner-grievance retaliation summary-judgment I. Did the Sixth Circuit err in denying Petitioner review of the district court's judgment in favor of Respondents on Whether there is a temporal prox…
20-470 Gladys Mendoza v. Inspira Health Network, Inc., et al. Third Circuit 2020-10-13 Denied Response Waived civil-rights due-process free-speech seventh-amendment summary-judgment trial-by-jury Does not the Decision in this case require a reaffirmation and clarification of Anderson v. Liberty Lobby, Inc, 477 U.S. 242, 255 and its progeny wher…
20-445 Matthew Anderson v. John Bonnewell, et al. Delaware 2020-10-07 Denied Response Waived 8th-amendment civil-rights correctional-officers due-process eighth-amendment excessive-force intent prison-conditions qualified-immunity summary-judgment 1. Whether a trial court can disregard the five factors set forth in Whitley v. Albers, 475 U.S. 312 (1986), in an Eighth Amendment excessive force ca…
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…
20-407 Nancy Massenburg v. Innovative Talent Solutions, Inc., et al. Fourth Circuit 2020-09-29 Denied Response Waived civil-rights discrimination due-process eeoc-charge employment-discrimination federal-rules-of-civil-procedure fourth-circuit pro-se-litigation statute-of-limitations summary-judgment title-vii 1) Whether the Fourth Circuit properly upheld the district court's dismissal of Title VII claim where the particular discriminatory practice had been …
20-405 City of Miami Gardens, Florida v. Wells Fargo & Co., et al. Eleventh Circuit 2020-09-29 Denied Amici (2) alabama-legislative-black-caucus article-three circuit-conflict civil-rights discovery due-process standing sua-sponte summary-judgment Whether, by raising standing sua sponte at oral argument in an appeal concerning a partial summary judgment decision focused solely on the statute of …
20-5817 Thomas Lewis v. Jonathan Decker, et al. Sixth Circuit 2020-09-25 Denied Response WaivedRelisted (2)IFP appellate-review civil-procedure due-process exhaustion-of-remedies federal-rules grievance-procedure jurisdictional-challenge procedural-due-process standing summary-judgment Question not identified.
20-348 Gregory Shawn Mercer v. E. A. Vega Fourth Circuit 2020-09-15 Denied Response WaivedRelisted (2) circuit-split criminal-law criminal-procedure due-process guarantee-clause jury-trial sentencing statutory-interpretation summary-judgment supreme-clause SCOTUS Rule 10(a) - Whether or not a Circuit Split has arisen between the Fourth Circuit and other Circuits over the interpretation of whether crimes …
20-287 Ernest Johnson v. Anne L. Precythe, et al. Eighth Circuit 2020-09-04 Denied Relisted (12) alternative-method bucklew-v-precythe constitutional-claim eighth-amendment legitimate-penological-justification method-of-execution penological-justification summary-judgment In Bucklew v. Precythe, 139 S. Ct. 1112 (2019), this Court held, at the summary judgment stage and on the record in that case, that the State had a le…
20-282 Sheldon Carmon v. CSX Transportation, Inc. Sixth Circuit 2020-09-03 Denied Response Waived appellate-review civil-procedure civil-rights due-process federal-employers-liability-act notice-of-dangerous-condition railroad-liability summary-judgment witness-credibility In this Federal Employers' Liability Act case, was summary judgment for the defendant railroad properly granted when (1) the courts below required pro…
20-5572 Michael Aaron Witkin v. Mariana Lotersztain, et al. Ninth Circuit 2020-09-02 Denied Response WaivedRelisted (2)IFP cruel-and-unusual-punishment deliberate-indifference eighth-amendment expert-testimony medical-care prison-conditions summary-judgment The Eighth Amendment prohibition of cruel and unusual punishment prohibits the unnecessary and wanton infliction of pain. Prison officials violate the…
20-5567 Linda Ames v. HSBC Bank USA, N.A. Washington 2020-09-02 Denied Response WaivedRelisted (2)IFP assignment foreclosure jurisdiction parties quiet-title relationship statute-of-limitations summary-judgment tolling trustee-appointment unjust-enrichment DOES THE COMPLETE ABSENCE FROM THE JURISDICTION OF THIS COURT FROM THE OUTSET OF THE ASSIGNMENT IN 2011 ENTITLE THE PLAINTIFF TO CLAIM THAT THE STATUT…
20-245 Patricia Nelson v. Esteban Rivera Sixth Circuit 2020-08-31 Denied Response RequestedResponse WaivedRelisted (2) civil-rights excessive-force eyewitness-testimony qualified-immunity summary-judgment tolan-v-cotton Whether the Sixth Circuit erred when it conspicuously disregarded the standard set forth in Tolan v. Cotton, 572 U.S. 650 (2014) by granting qualified…
20-241 Jack Jordan v. Department of Labor District of Columbia 2020-08-28 Denied Response Waived administrative-procedure-act agency-action attorney-client-privilege circuit-court-review foia freedom-of-information-act judicial-review rule-60 summary-judgment To oppose release under the Freedom of Information Act ("FOIA") of two emails, an agency asserted FOIA Exemption 4 based on the attorney-client privil…
20-226 Kenneth Ratliff v. Aransas County, Texas, et al. Fifth Circuit 2020-08-26 Denied Response Waived civil-procedure civil-rights due-process excessive-force municipal-liability pleading-standard qualified-immunity summary-judgment 1. Instead of relying on discovery control and summary judgments to weed out frivolous claims, should the lower federal courts nonetheless be allowed …
20-227 Cynthia Madej, et vir v. Jeff Maiden, Athens County Engineer Sixth Circuit 2020-08-26 Denied Amici (2)Response Waived accommodation-request americans-with-disabilities-act circuit-split corroboration disability-accommodation disability-claims fair-housing-amendments-act medical-history summary-judgment In PGA Tour, Inc. v. Martin, this Court carefully examined the important question of when, under the Americans with Disabilities Act (ADA), an otherwi…
20-212 Teresita A. Canuto v. Nancy Pelosi, et al. District of Columbia 2020-08-24 Denied Response Waived article-iii causal-connection civil-procedure federal-rules-civil-procedure federal-rules-of-civil-procedure ftca ftca-claims jurisdiction standing standing-doctrine summary-judgment 1) Whether the U.S. Court of Appeals and the District Court erred when it affirm the motion for summary affirmance and motion to dismiss of appellee G…
20-206 Wanda Albritten v. California Department of Forestry and Fire Protection, et al. California 2020-08-21 Denied Response Waived 14th-amendment 7th-amendment civil-jury-trial civil-rights due-process employment-discrimination fourteenth-amendment incorporation incorporation-doctrine jury-trial seventh-amendment summary-judgment Is the time ripe for the Seventh Amendment right to a civil jury trial to be incorporated by the Fourteen Amendment to the states? Should government …
20-5449 Carolyn R. Dawson v. Kevin Pakenham Texas 2020-08-21 Denied Relisted (2)IFP appellate-review civil-procedure forcible-detainer no-evidence-motion property-rights summary-judgment texas-law There appears to be a split and/or confusion within the courts regarding "Motions" for No-Evidence Summary Judgments Appeals and a Forcible Detainer "…
20-199 George Charles Clark v. Inco Champion National Security, Incorporated Fifth Circuit 2020-08-20 Denied ada-disability-discrimination ada-discrimination causation circuit-conflict direct-evidence disability-accommodation employment-termination reasonable-accommodation retaliation summary-judgment 1. What is the standard under the ADA applicable to firing an employee for conduct caused by a disability? 2. Is it a reasonable accommodation to mod…
20-172 Ukpai I. Ukpai v. Continental Automotive Systems US, Inc. Sixth Circuit 2020-08-17 Denied Response WaivedRelisted (2) comparative-evidence disparate-treatment employment-discrimination hostile-work-environment mcdonnell-douglas retaliation similarly-situated summary-judgment 1. Can Courts find that two employees are not similarly situated though both employees performed the same conduct under the supervision of the same su…
20-5258 Nikole Marie Hunter v. Government Employees Insurance Company Fourth Circuit 2020-08-05 Denied Response WaivedIFP anderson-v-liberty-lobby civil-procedure evidence evidence-interpretation expert-witness judicial-function procedural-rules standard-of-review summary-judgment supreme-court-precedent tolan-v-cotton 1. Whether the District Court, failing to review such evidence and ignoring the Plaintiffs expert witness testimony, conflict with Supreme Court prece…
20-58 Anita Smith v. Vestavia Hills Board of Education Eleventh Circuit 2020-07-24 Denied but-for-causation causation causation-standard civil-rights discrimination-claim motivating-factor pleading summary-judgment title-vii Nearly thirty years ago, Congress replaced Title VII's but-for causation standard with the "more forgiving" motivating factor standard. Bostock v. Cla…
20-43 Amanda N. Reich, et al. v. City of Elizabethtown, Kentucky, et al. Sixth Circuit 2020-07-17 Denied civil-rights due-process police-shooting qualified-immunity section-1983 sham-affidavit summary-judgment In this Section 1983 police-shooting case, the district court struck the sworn affidavit of petitioner Amanda Reich from the summary judgment record, …
20-29 Sara Discepolo v. Department of Justice District of Columbia 2020-07-16 Denied Response Waived administrative-law agency-deference civil-procedure de-novo-review discovery-rights foia-review freedom-of-information-act judicial-presumption national-security presumption-of-good-faith summary-judgment In all Freedom of Information Act ("FOIA ") cases, the federal courts apply a deferential "presumption of good faith " to agency declarations and fo…
20-5061 Philip Emiabata v. BB&T, et al. Fourth Circuit 2020-07-14 Denied Response WaivedIFP civil-procedure due-process federal-rules federal-rules-of-civil-procedure notice pleadings pro-se-litigant rule-12d summary-judgment 1. Whether the district court is required under Rule 12(d) of the Federal Rule of Civil Procedure to either exclude matters outside the pleadings or…
20-6 William Burke v. Progressive Gulf Insurance Company Fourth Circuit 2020-07-13 Denied civil-rights constitutional-rights due-process fair-trial insurance insurance-claim legal-manipulation maritime-jurisdiction maritime-law seventh-amendment summary-judgment This case involves a simple insurance claim to Progressive Gulf Insurance made by William Burke when his boat sank in January 2018. Progressive manipu…
20-9 Bibiji Inderjit Kaur Puri, et al. v. Sopurkh Kaur Khalsa, et al. Ninth Circuit 2020-07-09 Denied Response Waived civil-rights corporate-law de-novo-review due-process ecclesiastical-abstention first-amendment ministerial-exception standing statute-of-limitations summary-judgment 1. May a Court of Appeals on de novo review of summary judgment refuse to decide a claim predicated on a failure of two non-religious corporations, wi…
19-1438 George Abernathy v. United States Sixth Circuit 2020-06-30 Denied Response Waived 5th-amendment 6th-amendment 8th-amendment burden-of-proof civil-procedure civil-rights constitutional-rights due-process fifth-amendment free-speech property-forfeiture standing summary-judgment takings IN U. S. V. SIMMONS , THIS COURT IN ASSAYING IT'S VIEWS ON OUR BILL OF RIGHTS WHEN IT WROTE, THAT "ONE CONSTITUTIONAL RIGHTSHOULD NOT HAVE TO BE SURRE…
19-1410 Rosetta Bulluck v. Newtek Small Business Finance, Inc., dba Newtek Business Services, Inc., et al. Eleventh Circuit 2020-06-24 Denied Response Waived civil-procedure civil-rights common-law-doctrine contract-formation contract-implementation deference-to-district-court due-process foreclosure-sale private-right-of-action standing summary-judgment Whether granting summary judgment in favor of Respondents and dismissing Petitioner's case was improper when the District Court deemed that, among oth…
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 …
19-1383 Michael Leidig, et al. v. BuzzFeed, Inc. Second Circuit 2020-06-16 Denied Response Waived burden-of-proof civil-rights credibility evidence evidentiary-standard falsity first-amendment free-press free-speech freedom-of-the-press libel media-defendant summary-judgment This Court has held that the First Amendment's guarantee of freedom of the press requires that when a plaintiff sues a media defendant for libel, base…
19-1359 Michelle Dawn Murphy v. City of Tulsa, Oklahoma Tenth Circuit 2020-06-11 Denied an abuse of discretion because it violates the pa and wrong factually about the issue it reached ou which was based on an issue not presented on appe abuse-of-discretion appellate-procedure appellate-review civil-procedure due-process party-presentation sineneng-smith standing summary-judgment tenth-circuit united-states-v-sineneng-smith Is the Tenth Circuit's affirmance of summary judgment in favor of Defendant -Appellee City of Tulsa, which was based on an issue not presented on appe…
19-1351 Ameranth, Inc. v. Domino's Pizza, LLC, et al. Federal Circuit 2020-06-09 Denied Response Waived civil-procedure due-process federal-rules-civil-procedure federal-rules-of-civil-procedure judicial-resolution patent pretrial-order property-rights summary-judgment 1. Does the sua sponte judicial resolution on summary judgment of issues expressly excluded by pretrial order, and on which the moving party submitted…
19-1350 Darius Ishun Green v. Bradley Hooks, et al. Eleventh Circuit 2020-06-09 Denied Response Waived civil-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment inmate personal-characteristics prison prisoner-rights risk-of-harm summary-judgment 1. Under Farmer v. Brennan, 511 U.S. 825 (1994), is a court precluded from granting summary judgment to defendants where there is evidence of an obvio…
19-1342 Edward Mulcahy v. Aspen Pitkin County Housing Authority Colorado 2020-06-04 Denied Relisted (2) civil-procedure due-process expedited-procedure housing-authority procedural-due-process procedural-requirements property-rights service-of-process summary-judgment 1. Did the District Court violate Mulcahy's constitutional rights by denying Defendant-Petitioner Edward L. Mulcahy, Jr.'s ("Mulcahy") C.R.C.P. 60(b) …
19-8587 Reginald Young v. United States Seventh Circuit 2020-06-02 Denied IFP affidavit-of-merit circuit-split civil-procedure federal-rules-of-civil-procedure medical-negligence preemption shady-grove state-law state-substantive-law summary-judgment In adjudicating a medical negligence claim brought in federal court that is governed by state substantive law, must a district court apply a state law…
19-8520 Justin Mohn v. Progressive Insurance Tenth Circuit 2020-05-21 Denied Response WaivedIFP civil-rights civil-rights-act discovery employment-discrimination pretext-plus pretext-plus-rule prima-facie-case summary-judgment title-vii (1) Whether the District Court and Tenth Circuit erred in holding that a plaintiff establishing a prima facie case and or showing pretext plus proof o…
19-1295 Rao S. Mandalapu v. Temple University Hospital, et al. Third Circuit 2020-05-15 Denied Response Waived 42-usc-1981 civil-rights civil-rights-act employment-discrimination pretext reeves-v-sanderson retaliation summary-judgment title-vii Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000e-2-3) and the Civil Rights Act of 1866 (42 U.S.C. § 1981) prevent discrimination and reta…
19-8460 Nexis Rene Gomez v. D. Braun, et al. Ninth Circuit 2020-05-14 Denied IFP civil-rights deliberate-indifference eighth-amendment medical-needs prison-conditions prisoner-treatment summary-judgment Did the Court of Appeals Erred In Affirming Summary Judgment In Respondents' Favor When There is Evidence in Petitioner's Medical Record Demonstrating…
19-1273 Assassination Archives and Research Center v. Central Intelligence Agency District of Columbia 2020-05-08 Denied Response RequestedResponse WaivedRelisted (2) administrative-law cia-search cia-search-activities deliberative-process-privilege due-process epa-v-mink foia-exemption foia-exemption-5 foia-request freedom-of-information-act kennedy-assassination public-importance summary-judgment tax-analysts 1. Whether CIA can assert a deliberative process privilege under Exemption 5 of the FOIA for its search activities in responding to a FOIA request? 2…
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…
19-1266 H. B., a Minor, Individually and as Successor in Interest to Michelle Lee Shirley, By and Through His Guardian ad Litem, Ronnie Shirley v. City of Torrance, California, et al. Ninth Circuit 2020-05-05 Denied Response Waived 4th-amendment civil-rights excessive-force fourth-amendment objective-reasonableness police-conduct qualified-immunity scott-v-harris summary-judgment use-of-force In a 42 USC § 1983 action where videos capturing the claimed use of excessive force are open to multiple interpretations as to whether the use of leth…
19-8383 Luis A. Soro v. Pedro Lopez Florida 2020-05-01 Dismissed Relisted (2)IFP appellate-procedure civil-procedure due-process judicial-review material-facts notice notice-requirement property standing summary-judgment trial-court-discretion Question not identified.
19-1249 Phyllis Davis v. Echo Valley Condominium Association, et al. Sixth Circuit 2020-04-27 Denied Response Waived civil-procedure fair-housing-act federal-courts federal-rules-of-civil-procedure notice-pleading pleading-standards state-law summary-judgment twombly 1. Whether the liberal notice pleading standard under Federal Rule of Civil Procedure 8(a) and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) cea…
19-8354 Nelson Romero v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-04-24 Denied IFP appellate-review civil-rights constitutional-rights district-court due-process fundamental-liberty liberty-interest procedural-flaws procedural-violation summary-judgment PCA'vVioVT'CY' PCoSeX QiA.es Ar\oV) 4-o 4Vi iX HoWalTabl-e Coutr+r-e_«jcmndiub £\V)&) TuSe-wienP under W3hf ox DuePPoCeXx tlaUie oX 'The. 14 Vh. Anai…
19-1228 Kaneka Corporation v. Xiamen Kingdomway Group Company, et al. Federal Circuit 2020-04-20 Denied Response WaivedRelisted (2) 5th-amendment 7th-amendment appellate-jurisdiction civil-procedure claim-construction due-process federal-circuit fifth-amendment patent patent-infringement patent-infringement-non-infringement rule-36 seventh-amendment standing summary-judgment 1. Whether under Rule 36 of the Federal Circuit's Rules of Procedure the Federal Circuit may affirm a judgment of non-infringement without opinion and…
19-1223 Demetrias Taylor, as Representative of the Estate of Iretha Jean Lilly, Deceased, et al. v. McLennan County, Texas, et al. Fifth Circuit 2020-04-16 Denied Response Waived civil-rights constitutional-rights due-process medical-care municipal-liability municipal-policy myocardial-infarction policy pre-trial-detainee procedure section-1983 summary-judgment Does the provision of three EKGs, an aspirin, and a nitroglycerin pill over the course of three hours to a pre-trial detainee (who then died from an o…
19-1217 Scottie A. Bagi, et al. v. City of Parma, Ohio Sixth Circuit 2020-04-15 Denied 42-usc-1988 attorney-fees christiansburg-garment civil-rights discretionary-standard due-process first-amendment free-speech public-employee retaliation retaliation-claim summary-judgment Whether the District Court abused its discretion in its application of the standards set forth in Christiansburg Garment Co. v. EEOC, 434 U.S. 412 (19…
19-8268 Ade Brown v. Reid Desrochers, et al. Sixth Circuit 2020-04-15 Denied Response WaivedIFP administrative-remedies civil-rights due-process exhaustion exhaustion-requirement grievance-procedures grievance-process prison-litigation-reform-act summary-judgment I. Does the Petitioner properiy satisfy Exhaustion of all arailaple Admihistrative Renedie) Under The Prison Litigation Reforn Act (plRA), and bihrisn…
19-8241 Joseph Llewellyn Worrell v. Emigrant Mortgage Company, et al. Eleventh Circuit 2020-04-10 Denied IFP bankruptcy bankruptcy-stay civil-rights due-process foreclosure foreclosure-proceedings mortgage-security preemption servicemembers-civil-relief-act summary-judgment Whether a mortgage security instrument created six days before the underlying promissory note is sufficiently executed provides sufficient standing to…
19-8217 Blake Jones v. McKee Foods Corporation Eighth Circuit 2020-04-09 Denied Response WaivedIFP burden-of-proof civil-procedure discovery evidence pleadings summary-judgment May Defendant ignore evidence provided a purpose? Summary of Judgement. IS the word of the Phintiff to be believed?
19-1202 Thomas Taffe, et al. v. First National Bank of Alaska Alaska 2020-04-08 Denied Response Waived access-to-courts civil-rights constitutional-rights due-process jury-trial legal-standards pro-se pro-se-litigant pro-se-litigants standing summary-judgment systemic-bias Did a systemic bias against pro se litigants lead to the unconstitutional denial of Petitioners' right to a jury trial in this case? Did the summary …
19-1168 Mirek Machala v. Libuse Kral, et al. District of Columbia 2020-03-25 Denied Response Waived abuse-of-discretion civil-procedure due-process equal-protection fourteenth-amendment judicial-discretion procedural-due-process standing summary-judgment 1. Whether Petitioner's due process right was violated when the District of Columbia Court of Appeals denied his petition for rehearing within no t…
19-8095 Deville McCants v. Cheryl Hansen, et al. Seventh Circuit 2020-03-24 Denied Response WaivedIFP administrative-law administrative-rules civil-procedure discovery district-court due-process judicial-interpretation medical-bills standing summary-judgment WHETHER THE DISTRICT COURT ERRED IN ALLOWING DEFENDANTS' COUNSEL TO FILE A MOTION TO STAY DISCOVERY AND SIMULTANEOUSLY FILE A MOTION FOR SUMMARY JUDGM…
19-7989 Roger Bryner v. Clearfield City, Utah, et al. Utah 2020-03-13 Denied IFP civil-procedure civil-rights constitutional-rights due-process free-speech judicial-bias rule-of-law standing summary-judgment utah-rule-of-civil-procedure-83 Once the "unmeritorious ... redundant, immaterial, impertinent or scandalous " bar of Utah Rule of Civil Procedure 83C(a)(l)(C) is interpreted fairly,…
19-7936 James Zavaglia v. Boston University School of Medicine First Circuit 2020-03-10 Denied IFP administrative-law but-for-causation causation-standard chevron-deference civil-rights due-process employment-discrimination family-medical-leave-act fmla-interference jury-trial medical-leave motivating-factor reeves-v-sanderson retaliation standing summary-judgment Whether the lower courts are correct to apply this Court's decision in University of Texas Southwestern Medical Center v. Nassar, 133 S. Ct. 2517 (201…
19-1109 Timothy C. Yoakum v. Sabre GLBL Incorporated Fifth Circuit 2020-03-10 Denied adverse-action adverse-employment-action civil-rights compensation constitutional-rights employment employment-discrimination performance-review summary-judgment title-vii Does the issuance of an undeserved Performance Improvement Plan (PIP) and undeserved employee performance review become actionable under Title VII as …
19-7899 Paul Nigl v. Jon Litscher, et al. Seventh Circuit 2020-03-06 Denied IFP civil-rights due-process fourteenth-amendment marriage marriage-rights prison-administration prison-regulations prisoner-rights summary-judgment turner-v-safley 1. Whether prison officials may, consistent with the Fourteenth Amendment, prohibit a former prison employee and a prisoner from marrying where prison…
19-1088 Gerson Irving Fox v. Elissa Miller, Chapter 7 Trustee Ninth Circuit 2020-03-05 Denied admissible-evidence bankruptcy bankruptcy-code bankruptcy-code-section-727(a)(3) civil-procedure competent-evidence debtor-discharge discharge evidentiary-standard judicial-discretion recordkeeping recordkeeping-requirements summary-judgment Upon proof of failure to keep adequate books and records, a debtor's discharge may be withheld under section 727(a)(3) of the Bankruptcy Code unless t…
19-1028 Alina Korsunska v. Chad Wolf, Acting Secretary of Homeland Security Ninth Circuit 2020-02-19 Denied Response Waived credibility employment-discrimination evidence-law intent-and-motivation intent-motivation jury-trial material-dispute retaliation summary-judgment title-vii U.S. Supreme Court and every circuit has at one time or another expressed the view that employment discrimination and retaliation cases are poor candi…
19-7613 Wanda E. Smith-Jeter v. ArtSpace Everett Lofts Condominium Association, et al. Ninth Circuit 2020-02-11 Denied Response WaivedIFP civil-procedure civil-rights fair-housing-act prima-facie-case pro-se retaliation standing summary-judgment 1.Does petitioNer,pro se, WANDA E.Smith-Jeter Present a prima facie case for retaliation, uNder the Fair Housing Act against the ReSpONdeNtS, ARTSPACE…
19-998 Vickie Cook, Individually and as Natural Mother to Deanna Cook, et al. v. Tonyita Hopkins, et al. Fifth Circuit 2020-02-10 Denied Response Waived civil-rights discrimination due-process equal-protection fourteenth-amendment state-created-danger summary-judgment After making dozens of 911 calls concerning her abusive ex-husband during 2009-2012, and being promised assistance by police, in August 2012, Deanna C…
19-7543 Earl Osborn v. Christopher Williams, et al. Second Circuit 2020-02-04 Denied Response WaivedIFP administrative-law administrative-remedies civil-rights corrections-department disability-accommodation disability-rights due-process inmate-rights medical-treatment mental-disability mental-health prisoner-rights standing summary-judgment 1. In Blake v Ross, 1365.Ct. 185o, Did The United states Supreme Coort Eliminate The Requirement For An Individualized, Fact Specific petermination Re…
19-943 Alireza Vazirabadi v. Denver Health and Hospital Authority, et al. Tenth Circuit 2020-01-28 Denied Relisted (2) age-discrimination anderson-v-liberty-lobby civil-procedure civil-rights due-process employee-selection employment equal-protection summary-judgment tenth-circuit Does the Tenth Circuit affirming in favor of Respondents' summary judgement conflict with Anderson v. Liberty Lobby, Inc., where in Tolan v. Cotton, t…
19-7401 Dumisai H. Hockaday v. Helene Christner, et al. Tenth Circuit 2020-01-24 Denied IFP administrative-regulations civil-procedure confrontation-clause constitutional-rights deliberate-indifference double-jeopardy due-process exhaustion-of-remedies grievance-process medical-care prison-conditions standing summary-judgment 1. Whether the underlying activity of the United States Court of Appeals for the Tenth Circuit is ethical or not under Thomas v. Am, 474 U.S. 140, at …
19-7344 John L. Williams v. Jackson County, Missouri Eighth Circuit 2020-01-17 Denied IFP civil-procedure civil-rights due-process first-amendment free-speech standing summary-judgment turner-factors Should the District Court delegate the task of applying the (4) TURNER FACTORS to the Jury. OR Should the District Court apply the (4) TURNER FACTOR…
19-889 Kaufman County, Texas, et al. v. Eunice J. Winzer, Individually and on Behalf of the Statutory Beneficiaries of Gabriel A. Winzer, et al. Fifth Circuit 2020-01-16 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-rights due-process fifth-circuit law-enforcement police-conduct qualified-immunity summary-judgment use-of-force 1. Did the Fifth Circuit panel majority err in reversing Kaufman County's summary judgment after concluding Officer Hinds did not violate clearly esta…
19-886 Israel K. Negash, et al. v. United States Fourth Circuit 2020-01-16 Denied Response Waived administrative-procedure administrative-process civil-procedure discovery-rights due-process government-data judicial-review regulatory-enforcement snap-benefits standing statistical-analysis summary-judgment In 2016, a Supplemental Nutrition Assistance Program (SNAP) retailer was accused by the United States Department of Agriculture of trafficking in SNAP…
19-7319 Thomas Bradford Waters v. John Stewart, et al. Fourth Circuit 2020-01-16 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-procedure civil-rights constitutional-claims due-process evidentiary-standards excessive-force free-speech judicial-interpretation legal-procedure procedural-review qualified-immunity standing summary-judgment takings Question not identified.
19-7306 Dmitry Pronin v. Charles Wright, et al. Fourth Circuit 2020-01-15 Denied IFP 4th-circuit appellate-review civil-rights credibility district-court due-process legal-construction procedural-interpretation standing summary-judgment 1. May an United States District Judge construe legal argument for a party in a civil rights lawsuit, an argument that we forty itself never wisely in…
19-872 Matthew Reid Hinson v. R. A. Bias, et al. Eleventh Circuit 2020-01-14 Denied Response RequestedResponse WaivedRelisted (3) appellate-jurisdiction civil-procedure collateral-order district-court factual-review factual-sufficiency qualified-immunity summary-judgment surveillance-video Did the Eleventh Circuit exceed its limited jurisdiction when, on appeal from a denial of summary judgment in a qualified-immunity case, it vacated th…
19-868 Aaron Miner, et al. v. Steven L. Picatti Idaho 2020-01-14 Denied Response RequestedRelisted (2) 42-U.S.C.-1983 42-usc-1983 civil-rights clearly-established-rights constitutional-rights excessive-force factual-disputes qualified-immunity summary-judgment In this excessive force case under 42 U.S.C. § 1983, the defendant officials (petitioners here) moved for summary judgment arguing that, on the facts …
19-7286 Leah S. Caldwell v. Doris Downs, et al. Eleventh Circuit 2020-01-14 Denied IFP appellate-review civil-procedure civil-rights due-process eleventh-circuit equal-protection federal-jurisdiction petition-for-certiorari pro-se standing summary-judgment Question not identified.
19-7257 Dillon Mvuri v. American Airlines, Inc. Fourth Circuit 2020-01-13 Denied Response WaivedIFP appeals appellate-review civil-procedure due-process federal-rules-civil-procedure federal-rules-of-civil-procedure judicial-reasoning pro-se summary-judgement summary-judgment 1. Where the district court issues a summary judgement without giving reasons on the record contrary to Rule 56 of Federal Rules of Civil Procedure an…
19-858 GemCap Lending I, LLC v. Quarles & Brady, LLP, et al. Ninth Circuit 2020-01-09 Denied attorney-ethics civil-procedure commercial-loan commercial-transactions duty-of-candor fraud fraud-representation legal-misrepresentation professional-responsibility summary-judgment 1. When an attorney representing a borrower makes false and misleading representations of fact and opinion in connection with a commercial loan applic…
19-7214 Gregory Brown v. Ellen Mace-Liebson, et al. Third Circuit 2020-01-08 Denied Response WaivedIFP 8th-amendment bivens bivens-action civil-rights deliberate-indifference due-process eighth-amendment intra-circuit-conflict medical-care medical-treatment pro-se summary-judgment WHETHER THE SITTING PANEL FOR THE THIRD CIRCUIT COURT OF APPEALS, PER-. CURIAM OPINION, AFFIRMING THE DISTRICT COURT'S ENTRY OF SUMMARY JUDGMENT. ON P…
19-812 Charles T. Marshall v. Federal Trade Commission Ninth Circuit 2019-12-27 Denied Response Waived 5th-amendment civil-procedure civil-rights constitutional-rights contempt due-process fifth-amendment right-to-counsel self-incrimination summary-judgment 1. Whether a civil defendant invoking the privilege against self-incrimination in his pleadings and discovery responses, is unconstitutionally penaliz…
19-7064 Johanna Beanblossom v. Bay District Schools Florida 2019-12-26 Denied IFP amendment civil-procedure complaint-amendment due-process due-process-amendment employment-law first-amendment retaliation school-employment summary-judgment 1. Absent unfair delay or futility, does fundamental due process require that a Plaintiff be allowed to amend a complaint at least once before a Court…
19-6958 Renee L. McCray v. Samuel I. White, P.C., et al. Fourth Circuit 2019-12-16 Denied IFP bona-fide-error civil-procedure civil-procedure-rules debt-collection due-process fair-debt-collection-practices-act fdcpa federal-appeals federal-rules-of-civil-procedure fourth-circuit jerman-v-carlisle rehearing standing summary-judgment 1. Whether the Court of Appeals for the Fourth Circuit erred when it denied the Petitioner's petition for rehearing, when the United States District C…
19-6943 Sheila Annette Cunningham v. Florida Credit Union Eleventh Circuit 2019-12-13 Denied IFP burden-of-proof civil-procedure civil-rights constitutional-rights curtilage discrimination due-process employment equal-protection fourth-amendment investigative-authority law-enforcement search-and-seizure standing summary-judgment Whether the District Court erred in holding that Cunningham failed to provide evidence of racial discrimination. Whether the District Court erred in …
19-745 Khalil Williams v. Housing Opportunities for Persons with Exceptionalities Eleventh Circuit 2019-12-11 Denied burden-of-proof burden-shifting circumstantial-evidence civil-rights comparator-evidence employment-discrimination mcdonnell-douglas prima-facie-case racial-discrimination summary-judgment title-vii What test should courts use in evaluating motions for summary judgment in discrimination cases when the evidence needed to establish a traditional McD…
19-727 Keepers, Inc. v. City of Milford, Connecticut Second Circuit 2019-12-09 Denied Response Waived civil-procedure civil-rights content-based content-based-speech first-amendment free-speech reed-v-gilbert reed-v-town-of-gilbert rule-60(b) rule-60b strict-scrutiny summary-judgment Whether the district court erred in refusing to grant Petitioner relief from summary judgment based on the Supreme Court's superseding decision in Ree…
19-724 Keith Y. Arakaki v. Megan J. Brennan, Postmaster General, et al. Ninth Circuit 2019-12-09 Denied Response Waived adverse-action civil-procedure civil-rights employment-discrimination pretext retaliation summary-judgment title-vii (i) Whether the four discrete events Petitioner raised in opposing Respondents' Motion for Summary Judgment constituted adverse actions in accordance …
19-6783 Virgil Lamont Jarvis v. David Allison, Sheriff, Pearl River County, Mississippi, et al. Fifth Circuit 2019-12-02 Denied Relisted (2)IFP administrative-review appeal-rights appeals civil-procedure civil-rights district-court due-process exhaustion-of-administrative-remedies in-forma-pauperis jury-trial legal-procedure prison-litigation-reform-act standing summary-judgment Question not identified.
19-689 Mark Chapman, et al. v. ACE American Insurance Company Eleventh Circuit 2019-11-27 Denied certification civil-procedure duty-to-defend insurance-coverage statutory-interpretation statutory-rights substance-abuse summary-judgment 1. Whether the Eleventh Circuit abused its discretion by requiring allegations not contained in Chapter 397 and by denying petitioners' motion to cert…
19-680 Kenneth Sealey, et al. v. J. Duane Gilliam, et al. Fourth Circuit 2019-11-26 Denied Response RequestedResponse WaivedRelisted (2) 42-usc-1983 4th-amendment civil-rights due-process summary-judgment civil-procedure civil-rights constitutional-rights district-court due-process fourth-circuit legal-analysis qualified-immunity standing summary-judgment The questions presented here are: 1. Did the Fourth Circuit err in holding that District Courts are not required to properly apply the qualified immu…
19-6770 Vinca S. Chiu v. First Group America, et al. Oregon 2019-11-26 Denied IFP civil-procedure claim-dismissal due-process judicial-order legal-remedy motion-practice scope-of-relief standing strict-liability summary-judgment trial-court trial-court-authority ultrahazardous-activities Is a trial court authorized to expand the scope of a legal remedy that was not requested in a motion for summary judgment before the court? Does a le…
19-662 Thomas Sander v. City of Dickinson, North Dakota, et al. Eighth Circuit 2019-11-22 Denied Response Waived civil-procedure civil-rights de-novo-review district-court due-process evidence seventh-amendment summary-judgment trial-by-jury 1. Whether a civil litigant's right to trial by jury under the Seventh Amendment to the Constitution of the United States is violated when a United St…
19-657 Virgil Brewer v. Kristina Myers Tenth Circuit 2019-11-21 Denied Response Waived civil-procedure civil-rights clearly-established-law constitutional-rights due-process excessive-force graham-factors law-enforcement police-use-of-force qualified-immunity summary-judgment use-of-force While conducting a house-to-house search for a suspect who had threatened people in a bar with a shotgun after being thrown out of that bar for fighti…
19-6668 Andrew J. J. Wolf, et al. v. Idaho Board of Correction, et al. Ninth Circuit 2019-11-19 Denied Response RequestedResponse WaivedRelisted (2)IFP abuse-of-discretion appellate-review civil-procedure completeness-doctrine federal-rules-of-evidence motion-to-stay ninth-circuit rule-106 summary-judgment trial-record Petitioners, Andrew J.J. Wolf and R. Hans Kruger, filed a Motion to Stay Second Summary Judgment based upon the fact defendants counsel had chose to u…
19-630 Kyle Ray Hurst, Personal Representative of the Estate of Andrew James Hurst and on Behalf of the Estate of Andrew James Hurst Deceased and the Statutory Wrongful Death Survivor of Andrew James Hurst v. United States, et al. Eleventh Circuit 2019-11-15 Denied Response Waived administrative-law civil-procedure civil-rights commercial-area commercial-use due-process eleventh-circuit federal-jurisdiction federal-jurisprudence federal-lands-management fee-charged liability public-access standing statutory-interpretation summary-judgment takings Whether the Eleventh Circuit wrongfully absolved Respondent of liability when it determined that Moore Lake was not an "area" where a fee was charged,…
19-625 Rita Guerrero, Individually and as the Special Administrator of the Estate of Celso N. Guerrero v. BNSF Railway Company Seventh Circuit 2019-11-15 Denied Response Waived federal-employers-liability-act interstate-commerce interstate-rail-service jury-trial negligence scope-of-employment seventh-amendment summary-judgment 1. Whether the decision by the Seventh Circuit panel conflicts with provisions of the Federal Employers' Liability Act, and the uniform precedents of …
19-614 Cesar Vizcarra, et al. v. Monica Ortiz, Individually and as Co-Successor in Interest to Decedent Christian Pena, et al. Ninth Circuit 2019-11-13 Denied Response Waived anderson-v-liberty-lobby armed-suspect civil-rights excessive-force interlocutory-appeal johnson-v-jones law-enforcement mitchell-v-forsyth qualified-immunity summary-judgment taser use-of-force 1. Does Johnson v. Jones, 515 U.S. 304 (1995) foreclose interlocutory appeal of an order denying summary judgment on qualified immunity, where the und…
19-609 Erin J. Shepherd, et al. v. Angela Studdard Sixth Circuit 2019-11-12 Denied Relisted (3) 4th-amendment civil-rights due-process excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity sixth-circuit summary-judgment use-of-force 1. Police officers are entitled to qualified immunity unless they violate constitutional rights in factual situations squarely governed by controlling…
19-6571 Francisco Illarramendi v. John J. Carney, et al. Second Circuit 2019-11-12 Denied Response WaivedIFP 28-usc-2462 civil-actions civil-procedure civil-procedure-statute-of-limitations-sec-28-usc- collateral-estoppel constitutional-rights due-process pdvsa-venezuela sec sec-enforcement sec-receiver-parallel-criminal-proceedings statute-of-limitations summary-judgment summary-judgment-collateral-estoppel summary-judgment-standard-tolan-v-cotton supreme-court-doctrine The following questions are presented for the Court's review: 1. Do lower courts have an inherent duty to properly apply doctrine of this Supreme Cou…
19-6514 Alan M. Leschyshyn v. Dineshkumar Patel, et al. Arizona 2019-11-06 Denied Response WaivedIFP civil-procedure civil-rights due-process genuine-issue-for-trial judicial-review legal-theory plausible-ground seventh-amendment statute-of-limitations summary-judgment trial-by-jury 1. With respect to the Petitioner's Seventh Amendment rights, does the judge(s) have to be convinced about legal theory which remains viable under the…
19-582 Sara Ann Edmondson v. Lilliston Ford Inc., et al. Third Circuit 2019-11-04 Denied Relisted (2) appellate-review civil-procedure civil-rights contract contract-formation due-process federal-procedure fraud fraud-on-court fraud-on-the-court judicial-admission judicial-admissions oscanyan-v-arms-co standing summary-judgment Whether the Third Circuit and District Court are acting in opposition to long standing, controlling law and in splitting from other Circuits by refusi…
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 …
19-553 Moussa Diarra v. City of New York, New York Second Circuit 2019-10-29 Denied Response WaivedRelisted (2) 42-usc-1983 civil-rights due-process judicial-bias monell-claim monell-liability police-procedure probable-cause substantive-due-process summary-judgment 1. For a summary judgment to be granted, the Circuits must determine that the movant is entitled to "judgment as a matter of law", Miller . New York C…
19-6387 Trent S. Griffin, Sr. v. American Zurich Insurance Company, et al. Fifth Circuit 2019-10-24 Denied Response WaivedRelisted (2)IFP circuit-split civil-procedure default default-judgment pleading procedural-rules summary-judgment supervisory-power waiver-of-rights writ writ-of-mandamus writ-of-prohibition 1. Rule 15(a)(3) provide the time a party must respond. Rule 55(a) authorizes the clerk to enter a default " when a party against whom a judgment for …
19-6371 Wesley Jefferson v. Wendy Kelley, Director, Arkansas Department of Correction, et al. Eighth Circuit 2019-10-24 Denied Response WaivedIFP 18-usc-1505 18-usc-1515 18-usc-1519 civil-rights constitutional-rights discovery documentary-evidence due-process federal-procedure obstruction-of-justice qualified-immunity summary-judgment 1. Would a United States Federal Court be in error, if it granted qualified immunity to a Defendant in a case, where video and/or documentary evidence…
19-6369 Kelly Dutton v. American Bankers Insurance Company Pennsylvania 2019-10-24 Denied IFP bad-faith bad-faith-claim breach-of-contract civil-procedure insurance insurance-contract jurisdiction municipal-court statute-of-limitations summary-judgment UNDER 42 PA. C. S. A. 5524, does this rule exclude municipal court from statute of limitation? UNDER 42 PA. C. S. A. 5525. does this rule apply only …
19-6342 Michael Shavers v. Lavern Sharp, Deputy Warden, et al. Sixth Circuit 2019-10-23 Denied Response WaivedIFP appeal appeals civil-procedure civil-rights constitutional-claims due-process excessive-force excessive-use-of-force prisoner-rights standing summary-judgment WHETHER PLAINTIFF IS ENTITLED TO RELIEF FROM JUDGMENT IN LAWSUIT SHAVERS V. BERGH (EXCESSIVE USE OF FORCE CLAIMS IS DISMISSED ON THE NATURE OF THE SUS…
19-533 River Birch, Incorporated, et al. v. Waste Management of Louisiana, L.L.C. Fifth Circuit 2019-10-23 Denied Response Waived antitrust burden-of-proof circumstantial-evidence civil-procedure civil-rico evidence evidentiary-inference federal-rules federal-rules-of-civil-procedure matsushita-standard precedent rule-56 summary-judgment In Matsushita Electrical Industrial Co. U. Zenith Radio Corp., 475 U.S. 574, 588 (1986), this Court held that "ambiguous" circumstantial evidence—evid…
19-535 Patricia A. Flowers v. Connecticut Light and Power Company Second Circuit 2019-10-23 Denied Response Waived 42-usc-1981 42-usc-2000e civil-rights eeoc employment-discrimination employment-law federal-rules-of-civil-procedure racial-discrimination racial-discrimination-retaliation-claims retaliation-claim standard-of-review summary-judgment title-vii Whether Flowers proffered sufficient evidence in support of her prima facie case of racial discrimination and retaliation claims for a reasonable fact…
19-500 Ameer Siddiqui v. NetJets Aviation, Inc. Eleventh Circuit 2019-10-18 Denied Response RequestedRelisted (2) but-for but-for-test causation-standard civil-rights comparator-analysis comparators employment-discrimination pretext pretext-evaluation reasonable-inference retaliation retaliation-claims section-1981 summary-judgment title-vii 1. Are plaintiffs who bring retaliation claims under either Title VII or Section 1981 subjected to the strenuous "but for" test, or is a reasonable in…
19-6291 Josephat Mua v. The O'Neal Firm, LLP District of Columbia 2019-10-17 Dismissed IFP civil-procedure civil-rights due-process employment-discrimination retaliation standing summary-judgment title-vii tortious-interference 1. Whether District of Columbia court of Appeals can ignore instances of retaliation under Title VII and other serious violations in dismissing a cas…
19-6285 Linh Thi Minh Tran v. Stan the Hot Water Man Oregon 2019-10-17 Dismissed 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…
19-486 Donnett M. Taffe, Personal Representative of the Estate of Steven Jerold Thompson, Deceased v. Gerald E. Wengert, et al. Eleventh Circuit 2019-10-15 Denied Response RequestedResponse WaivedRelisted (3) appellate-jurisdiction appellate-review civil-rights due-process federal-claims findings-of-fact interlocutory-appeal interlocutory-ruling material-facts pendent-jurisdiction qualified-immunity qualified-immunity,civil-rights,civil-procedure,ap standard-of-review summary-judgment 1. Under what circumstances may an appellate court review the findings of the district court with respect to the validity of the disputed material fac…
19-478 Amadou Sowe v. Pall Corporation Second Circuit 2019-10-10 Denied Response Waived 28-usc-1746 affidavit affidavit-substitution age-discrimination civil-procedure due-process federal-procedure local-rule-violation local-rules owbpa perjury-statute summary-judgment sworn-declaration unsworn-declaration Even though the Plaintiffs counter statement is not accepted because of local rule violation, can the Plaintiffs counter statement still be used to sh…
19-466 Zachery Pittman v. Herman Harris Fourth Circuit 2019-10-09 Denied Response RequestedResponse WaivedRelisted (3) 42-usc-1983 4th-amendment circuit-split civil-rights clearly-established excessive-force fourth-amendment qualified-immunity scott-v-harris section-1983 summary-judgment use-of-force 1. Whether in Scott U. Harris, 550 U.S. 372 (2007) this Court announced an "exception" to the summary judgment standard in cases commenced under 42 U.…
19-461 Eleazar Corral Valenzuela v. United States Seventh Circuit 2019-10-08 Denied Response Waived civil-denaturalization civil-procedure civil-rights constitutional-issues denaturalization discovery due-process equal-protection laches-doctrine procedural-due-process rule-12c standing summary-judgment 1. Whether the equitable doctrine of laches applies in civil denaturalization proceedings? 2. Whether the District Court erred in refusing Petitioner…
19-393 Estelle Stein v. United States Eleventh Circuit 2019-09-24 Denied Response Waived civil-procedure district-court due-process due-process-clause evidence evidence-submission federal-rules federal-rules-of-civil-procedure summary-judgment After a court of appeals vacated summary judgment in its favor, the Government filed a new summary judgment motion against a defendant taxpayer, with …
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…
19-5991 Howard Lee White v. Romeo Aranas, et al. Ninth Circuit 2019-09-18 Denied IFP appellate-review civil-procedure civil-rights due-process equal-protection judgment lower-court-decisions qualified-immunity standard-of-review standing summary-judgment (1) Did the lower Courts err in granting Summary judgment to the Defendants
19-5939 Frank R. Montero v. Tulsa Airport Improvements Trust Tenth Circuit 2019-09-13 Denied IFP attorney-fees civil-rights due-process federal-due-process federal-question-jurisdiction standing summary-judgment tenth-circuit-court title-28-usc-1443 writ-of-mandamus 1. When the Supreme Court of the State of Oklahoma, states in a "Writ of Mandamus " that a State District Judge violated "Federal Due Process " did it…
19-5896 Mitchell Dinnerstein v. Burlington County College Third Circuit 2019-09-10 Denied Relisted (2)IFP civil-procedure civil-rights due-process first-amendment judicial-misconduct seventh-amendment summary-judgment trial The question's I am presenting to the court are, If the application of rule 56(d) is unreasonably used to quickly end a proceedings and denies a petit…
19-5873 In Re Richard Arjun Kaul 2019-09-09 Denied IFP all-writs-act appellate-jurisdiction district-court fraud-on-court fraud-on-the-court judicial-corruption mandamus summary-judgment writ-of-mandamus (1) Was the arbitrary refusal, on June 26, 2019, by the district court, to adjudicate Kaul's twenty-two (22) motions for summary judgment, a consequen…
19-5844 James Arthur Ross v. John Myrick, Superintendent, Two Rivers Correctional Institution, et al. Ninth Circuit 2019-09-09 Denied Response WaivedIFP 9th-circuit-ruling civil-procedure civil-rights constitutional-rights district-court-error due-process evidence expert-testimony precedent pro-se-litigant standing summary-judgment Did the District Court error in determining that a 9th Circuit Appellate ruling from almost two decades ago in Bahrampour v. Lampert, 356 F.3d 969, 97…
19-322 The Medical Center at Elizabeth Place, LLC v. Atrium Health System, et al. Sixth Circuit 2019-09-09 Denied Response Waived antitrust antitrust-jurisprudence antitrust-law competitive-restraint competitive-restraints joint-venture joint-ventures per-se-rule per-se-violation procompetitive-rationale rule-of-reason sherman-act sherman-act-1 summary-judgment When assessing the legality of competitive restraints imposed by joint ventures, this Court's antitrust jurisprudence recognizes that overly lax enfor…
19-5845 Shawn M. Thomas v. Karen Slusher, et al. Sixth Circuit 2019-09-06 Denied Response WaivedIFP affidavit affidavit-evidence civil-procedure civil-rights civil-rights-claim district-court-dismissal due-process first-amendment first-amendment-retaliation free-speech retaliation sixth-circuit-appeal standing summary-judgment (1) Did the Sixth Circuit Court of Appeals make the right decision in dismissing Plaintiff Thomas ' appeal and affirming the dismissal of the District…
19-315 Endre Glenn v. Brennan H. Moss, et al. Tenth Circuit 2019-09-06 Denied civil-procedure civil-rights docketing due-process equal-protection fourteenth-amendment jury-trial seventh-amendment summary-judgment Whether U.S. District Court violated client's right to jury trial under U.S. Const. Amend VII, and XIV due process, equal protection of the laws when …
19-280 Judy Long v. Alameda Unified School District Ninth Circuit 2019-09-03 Denied appellate-procedure appellate-review civil-procedure civil-rights due-process judicial-procedure jury-trial motion-dismissal standard-of-review standing summary-judgment What is the appropriate standard of review when a trial court improperly grants a motion for summary judgment dismissing the right to a jury trial?
19-276 Jose Luis Garza, et al. v. City of Donna, Texas Fifth Circuit 2019-08-30 Denied Response RequestedResponse WaivedRelisted (2) civil-rights detainee-mistreatment due-process episodic-act-or-omission evidentiary-standard fact-question free-speech legal-interpretation municipal-liability municipal-policy qualified-immunity section-1983 summary-judgment Did the panel err - in the summary judgment context in determining as a matter of law, on the basis of no articulated evidence or authority, that the …
19-269 Harold A. Flores v. Entergy Nuclear Operations, Inc. Second Circuit 2019-08-29 Denied adverse-employment-action burden-of-proof civil-rights employment-discrimination employment-law evidence prima-facie-case quantum-of-evidence retaliation summary-judgment title-vii What quantum of evidence is sufficient to survive summary judgment on a Title VII retaliation claim - here, that defendant Entergy retaliated against …
19-253 Straight Path IP Group, LLC v. Apple Inc., et al. Federal Circuit 2019-08-27 Denied Response RequestedResponse WaivedRelisted (2) appellate-review civil-procedure due-process federal-circuit fifth-amendment patent patent-infringement patent-law procedural-due-process summary-judgment Whether Rule 36(e) of the Federal Circuit's Rules of Procedure violates the Fifth Amendment by authorizing panels of the Federal Circuit to affirm, wi…
19-5594 Tina Davis v. Texas Children's Hospital Fifth Circuit 2019-08-15 Denied Response WaivedIFP administrative-law civil-procedure civil-rights constitutional-procedure due-process eeoc-rights employment-discrimination employment-law judicial-disqualification recusal standing summary-judgment ten-amendment The Court review[s],the district court 's decision granting the summary judgment under Rule 60 (b) for abuse of discretion A. The Notice of Appeal o…
19-5564 Montye Benjamin v. Lynn Thomas Eleventh Circuit 2019-08-13 Denied IFP 42-usc-1983 civil-rights disputed-facts due-process federal-court federal-courts law-enforcement qualified-immunity section-1983 standing summary-judgment 1. Whether a defense of qualified immunity raised by a law enforcement officer in a § 1983 action is a valid basis for a Federal court to resolve disp…
19-189 Miles Christian-Hart v. Wells Fargo Bank, N.A. Florida 2019-08-13 Denied civil-procedure civil-rights due-process evidence-tampering foreclosure foreclosure-fraud fraud judicial-procedure mortgage-litigation standing summary-judgment trial-rights On April 7, 2015, in a frenzied Florida rocket docket at which 50-60 contested and uncontested cases presented for trial, a judgment of foreclosure wa…
19-5541 Quianna S. Canada v. Texas Mutual Insurance Company, et al. Fifth Circuit 2019-08-09 Denied Response WaivedIFP 7th-amendment civil-procedure civil-rights constitutional-rights due-process employment-law jury-trial retaliation seventh-amendment summary-judgment title-vii 1. Can federal courts use summary judgment motions to divest the Petitioner's Seventh Amendment right to a jury trial? 2. Does general corporate know…
19-178 Jagdish C. Laul v. Los Alamos National Laboratories Tenth Circuit 2019-08-08 Denied burden-shifting civil-procedure employment-discrimination inference-weighing jury-competency jury-trial-right mcdonnell-douglas motive motive-determination seventh-amendment summary-judgment Does requiring the trial judge to weigh inferences (and in some cases inferences from inferences) and determine motive from competing testimony depriv…
19-97 Mitchell Jay Stein v. Securities and Exchange Commission Ninth Circuit 2019-07-19 Denied Response Waived circuit-split civil-procedure collateral-estoppel jury-trial offensive-collateral-estoppel securities-fraud seventh-amendment summary-judgment This Court has repeatedly instructed that the use of collateral estoppel is limited to situations where "the issues in the two cases are … identical,"…
19-5205 Zachary A. Smith v. John A. Matthews, et al. Eighth Circuit 2019-07-18 Dismissed IFP circuit-split civil-rights due-process evidence evidentiary-motion medical-evidence prisoner-rights pro-se rule-706 summary-judgment I SHOULD A PRO SE PRISONER BE PERMITTED TO ADMIT MEDICAL INFORMATION FROM A REPUTABLE WEBSITE AS "VERIFYING MEDICAL EVIDENCE" TO OVERCOME A MOTION FOR…
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…
19-84 Lawrence Mulligan v. Bruce Jalbert, et ux. Second Circuit 2019-07-16 Denied Response Waived civil-procedure civil-rights collateral-estoppel due-process full-faith-and-credit state-court-record summary-judgment Whether the United States Circuit Court of Appeals erred when it affirmed the granting of Respondents' Motion for Summary Judgment based exclusively o…
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…
19-5163 Michael A. Kelley, Jr. v. Phillip W. Gerth Ohio 2019-07-12 Denied IFP attorney-client attorney-client-relationship civil-procedure civil-rights due-process fourteenth-amendment legal-malpractice statute-of-limitations summary-judgment # (1) The sole issue presented in this petition is whether the termination of attorney-client relationship for purposes of R.C. 2305.11 Legal Malpract…
19-60 Cora Kerton v. Society Hill at Droyers Point Condominium Association, et al. New Jersey 2019-07-11 Denied abuse-of-discretion civil-procedure condominium-act condominium-law expert-report expert-testimony liability-coverage negligence net-opinion-rule new-jersey-appellate-court new-jersey-trial-court snow-removal standard-of-review summary-judgment 1. Whether there was engagement in abuse of discretion and misapplication of the summary judgment standard at the Superior Court of New Jersey, Trial …
19-58 Xitronix Corporation v. KLA-Tencor Corporation, dba KLA-Tencor, Inc. Federal Circuit 2019-07-10 Denied antitrust-law appellate-jurisdiction circuit-split federal-circuit fifth-circuit jurisdiction patent patent-fraud summary-judgment walker-process Does appellate jurisdiction over Walker Process claims lie in the regional circuits, or in the Federal Circuit?
19-5119 Johana Cabantac Arucan v. Cambridge East Healthcare Center, et al. Sixth Circuit 2019-07-09 Denied Response WaivedRelisted (2)IFP age-discrimination civil-rights constitutional-rights due-process employment employment-discrimination equal-protection fourth-amendment police-misconduct summary-judgment title-vii 1. In a case brought under the Title VII Discrimination in Employment Act, Age Discrimination as illegal termination & harassment with police miscon…
19-5106 Janice A. Karella v. Green Tree Servicing, LLC Illinois 2019-07-09 Denied IFP assignment assignment-interpretation backdated-documents backdating civil-procedure document-validity evidentiary-standards fabricated-documents legal-memorialization memorialization summary-judgment This case presents a substantial and important question of federal and state law: Whether a backdated document with no date can actually be a "memoria…
19-5113 Sameer P. Sethi v. Securities and Exchange Commission Fifth Circuit 2019-07-09 Denied Response WaivedIFP 7th-amendment civil-procedure civil-rights corporate-liability due-process fraud investor-protection sec-regulation securities securities-law standing summary-judgment Did the District Court err in concluding on the record —and did the Appellate Court err in affirming —that the Defendant and his company lacked a busi…
19-49 Michael Simons v. Boston Scientific, et al. Third Circuit 2019-07-08 Denied Response Waived circuit-split employment-discrimination fmla FMLA-retaliation mcdonnell-douglas pretext pretext-standard prima-facie retaliation summary-judgment temporal-proximity 1. Whether, in an FMLA wrongful discharge retaliation claim, the McDonnell Douglas three-prong analysis is appropriate, where the Circuit Courts have …
19-32 Gordon Scott Stroh v. Saturna Capital Corporation Ninth Circuit 2019-07-03 Denied Amici (1)Response Waived cause-of-action civil-procedure dismissal evidence evidence-dismissal motion-in-limine standard-of-review summary-judgment trial-court What is the appropriate standard of review when a trial court improperly grants a motion in limine that has the practical effect of dismissing an enti…
19-30 Zoe Spencer v. Virginia State University, et al. Fourth Circuit 2019-07-03 Denied bona-fide-job-evaluation circuit-split civil-rights equal-pay-act job-evaluation prior-salary salary-discrimination seventh-amendment summary-judgment title-vii Is prior salary a factor other than sex? If so: Whether the Equal Pay Act intends prior salary, as a "catchall exception," to be excluded from bona f…
18A1356 Montye Benjamin v. Lynn Thomas Eleventh Circuit 2019-06-24 Presumed Complete civil-rights constitutional-claims eleventh-circuit pro-bono summary-judgment wrongful-death Question not identified.
18-1555 Scott A. Boyler v. City of Lackawanna, New York, et al. Second Circuit 2019-06-20 Denied Response Waived aggravated-harassment constitutional-rights first-amendment free-speech free-speech,civil-rights,retaliation,qualified-imm malicious-prosecution qualified-immunity retaliation social-media summary-judgment 1. Did the Second Circuit err in adopting a subjective test for whether retaliation chilled free speech, contrary to at least six other Circuits that …
18-9675 Tommy Dean Bullcoming v. United States Tenth Circuit 2019-06-14 Denied Response WaivedIFP civil-procedure civil-rights credibility-determination de-novo-review due-process evidence law-enforcement-testimony qualified-immunity scott-v-harris standard-of-review summary-judgment video-evidence As recognized in Scott v. Harris, 550 U.S. 372 (2007), should a video recording of the actual events that clearly contradicts the sworn testimony of a…
18-9651 Carlos Arturo Patino-Restrepo v. Department of Justice, et al. District of Columbia 2019-06-13 Denied Response WaivedIFP administrative-law agency-discretion civil-procedure due-process foia freedom-of-information-act government-transparency judicial-review mandatory-regulation summary-judgment 1. Does a district court abuse its discretion in granting an agency summary judgment in a FOIA proceeding where the agency has failed to comply with a…
18-9622 Essie McDaniel v. Robert Wilkie, Secretary of Veterans Affairs Ninth Circuit 2019-06-12 Denied Response WaivedIFP causation civil-rights due-process employment employment-discrimination personnel-practices retaliation summary-judgment title-vii 1. Whether the Summary judgment in McDaniel's retaliation claim was proper because District Court Judge Dorsey stated that McDaniel failed to raise a …
18-1529 Louis R. Koerner, Jr., Individually and as Assignee of Jean McCurdy Meade v. CMR Construction & Roofing, L.L.C. Fifth Circuit 2019-06-11 Denied certification civil-procedure declarations erie-doctrine evidence material-issues-of-fact non-moving-party procedural-protections rule-54(b) rule-54b rule-59(e) rule-59e standard-of-consideration summary-judgment This case poses important questions regarding the procedural protections afforded to the non-moving party in a motion for summary judgment to have his…
18-9580 Bobby Ray Devers v. Iowa Iowa 2019-06-07 Denied Response WaivedIFP 14th-amendment 5th-amendment constitutional-rights due-process exculpatory-evidence ineffective-assistance-of-counsel newly-discovered-evidence post-conviction post-conviction-procedure post-conviction-relief pro-se-claims procedural-due-process state-public-defender-system statutory-rights summary-judgment uniform-procedure Whether the Fifth and Fourteenth Amendment rights to due process are violated by the denial of participation in the statutory right to a uniform post …
18-9539 Keenan Brown v. Walmart Stores, Inc. Seventh Circuit 2019-06-05 Denied Response WaivedIFP civil-procedure civil-rights constitutional-law discrimination due-process employment employment-discrimination federal-jurisdiction retaliation standing statutory-interpretation summary-judgment whistle-blower Did the Illinois Northern District Court erred its decision by not properly exercising Rule 56 Summary Judgment with all evidence being examined as a …
18-9560 Anthony Wright v. Kenneth E. Lassiter, et al. Fourth Circuit 2019-06-05 Denied Response WaivedIFP civil-procedure,civil-rights,due-process,free-spee civil-rights discovery due-process evidence standing summary-judgment AV' Lj4 r( 5~4 C', eod. or(a btArc)e,--) 41n -Yp& A CC o 92, 4 e rr y SlA.In C4k. 'is4)6/c-f 3) L&t \6k.d o 4~evx2 44\,-e, PLA c) e-, q - L-…
18-9548 Kevin Terrell Tatum v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-06-04 Denied IFP civil-procedure-summary-judgment civil-rights due-process exculpatory-evidence ineffective-assistance-of-counsel insufficient-evidence newly-discovered-evidence recantation sufficiency-of-evidence summary-judgment witness-recantation 1. Whether Or Not The DISTRICT COURT erred And Abused Its Discretion In Granting SUMMARY JUDGMENT Against Appellant When There Patently Exist Material…
18-9508 Floyd Dewaine Scott v. I. Jimenez Ninth Circuit 2019-06-03 Denied Response WaivedRelisted (2)IFP 8th-amendment appeals civil-rights deliberate-indifference due-process internal-bleeding medical-care medical-indifference ninth-circuit qualified-immunity summary-judgment triable-issues Reason number one is that the Petitioner did present a Medical Deliberate Indifference cause against the Respondent. Is it contrary to clearly establi…
18-9500 Linh Thi Minh Tran v. Tri-County Metropolitan Transit District of Oregon Oregon 2019-05-31 Denied IFP bus-accident carrier-liability civil-rights due-process duty-of-care evidence medical-evidence negligence public-transportation substance-impairment summary-judgment tort Did the Oregon Court of Appeal's decision and trial court Multnomah County Circuit Court's decision erred in ruling the General Judgment in favor of R…
18-9410 Morris Sanders v. Walmart Stores East, L.P. Eleventh Circuit 2019-05-23 Denied Response WaivedIFP burden-of-proof civil-rights credibility-determination employment-discrimination evidence-weighing jury-trial retaliation summary-judgment title-vii workplace-discrimination Where the federal courts below decided for themselves every triable fact issue crucial to petitioner's workplace discrimination and retaliation claims…
18-1450 Horacio Sequeira v. Gate Safe, Inc., et al. Eleventh Circuit 2019-05-21 Denied Response Waived ada-amendments-act-2008 americans-with-disabilities-act civil-procedure due-process eeoc employment employment-discrimination false-statement medical-restrictions procedural-rules scheduling-order summary-judgment Federal law prohibits FALSE STATEMENT IN COURT against Americans with Disabilities Act incumbent in potential companies that force to work under medic…
18-9335 Francisco Illarramendi v. United States Second Circuit 2019-05-17 Denied Response WaivedIFP bail bail-standard civil-procedure civil-rights constitutional-rights due-process habeas-corpus interlocutory-appeal standard-of-review structural-error summary-judgment tolan-v-cotton In the context of a Motion for Summary Affirmance of a District Court decision, should lower courts follow the mandate of this Supreme Court - most re…
18-9286 Prentis Rupert v. Keith Bowers, et al. Eighth Circuit 2019-05-16 Denied IFP 8th-amendment civil-rights class-action deliberate-indifference due-process hepatitis-c medical-care prison-conditions settlement-agreement standing summary-judgment Question not identified.
18-1426 Samantha L. Coleman v. Schneider Electric USA, Inc. Fourth Circuit 2019-05-14 Denied Response Waived burden-of-proof civil-rights credibility-determinations employment-discrimination jury-trial McDonnell-Douglas mcdonnell-douglas-framework race-discrimination retaliation-claim summary-judgment title-vii workplace-discrimination 1. Has the McDonnell Douglas framework for determining workplace discrimination been fatally undermined and petitioner's right to a jury trial denied …
18-9224 Francisco Illarramendi v. Securities and Exchange Commission, et al. Second Circuit 2019-05-10 Denied Response WaivedIFP 28-usc-2462 civil-actions civil-procedure collateral-estoppel constitutional-rights habeas-corpus sec securities-enforcement statute-of-limitations summary-judgment supreme-court-doctrine Do lower courts have an inherent duty to properly apply doctrine of this Supreme Court that confirms the applicability of the Statute of Limitations -…
18-9212 Vincent McCrudden v. United States, et al. Third Circuit 2019-05-09 Denied Response WaivedIFP bivens-claim civil-procedure civil-rights credibility-determination de-minimis-force due-process federal-tort-claims-act jury-trial standing summary-judgment Can Courts systemically deny access to a jury trial in meritorious FTCA and Bivens Claims by making credibility determinations at the summary judgment…
18-9192 Michael Balice v. United States Third Circuit 2019-05-09 Denied Response WaivedIFP 16th-amendment civil-procedure civil-procedure-summary-judgment constitutional-limitations due-process federal-jurisdiction jurisdiction standing statute-of-limitations subject-matter-jurisdiction summary-judgment tax tax-lien trial-by-jury The grant of summary judgment was erroneous and improper because many factual disputes still existed between the litigants for every tax-year in dispu…
18-9148 Ikemefula Charles Ibeabuchi v. James T. Blomo Arizona 2019-05-06 Dismissed 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…
18-9077 Cecelia D. Walton v. North Carolina Department of Health and Human Services, Disability Determination Services Fourth Circuit 2019-05-01 Denied IFP admissibility civil-rights eeoc eeoc-determination eeoc-reasonable-cause-determination employment-discrimination federal-rules-of-evidence federal-rules-of-evidence-403 pretext retaliation summary-judgment title-vii workplace-discrimination With regards to EEOC Reasonable Charge Determinations issued pursuant to the EEOC investigation conducted, is the Reasonable Cause Determination autom…
18-9075 Ponce D. Howard v. Hyundai Motor Manufacturing Alabama Eleventh Circuit 2019-05-01 Denied Response WaivedIFP civil-procedure conflict conflict-of-evidence declaration-conflict declarations investigation investigation-findings magistrate-judge procedural-review summary-judgment workplace-policy Did the Magistrate Judge assigned to the case for the United States Court for the Middle District of Alabama, the District Court, and the Eleventh Cir…
18-1363 David G. Morton v. Bank of America, N.A., et al. Sixth Circuit 2019-04-30 Denied Response Waived appellate-review civil-procedure civil-procedure-standing due-process fraud-on-court fraud-on-the-court misprision standing standing-issue summary-judgment tila tila-violation truth-in-lending-act Whether the appellate court erred in affirming the lower court's Summary Judgment made void by Respondents' documented violation of TILA, their defaul…
18-1356 Dayo Adetu, et al. v. Sidwell Friends School District of Columbia 2019-04-29 Denied Response Waived academic-deference civil-rights damages discrimination human-rights-act material-adverse-action material-adversity non-pecuniary-damages retaliation retaliation-claims settlement-agreement summary-judgment 42 U.S.C. § 1981(b) and the D.C. Human Rights Act, § 2 -1402.61 protect individuals who engage in protected activity from retaliation. This case conce…
18-1355 Edward Kramer v. Antonio Vitti, et al. Second Circuit 2019-04-29 Denied 42-usc-1983 4th-amendment appellate-review civil-procedure civil-rights constitutional-rights factual-dispute jury-trial malicious-prosecution material-dispute material-facts seventh-amendment summary-judgment Whether the Petitioner's Seventh Amendment right to a jury determination of the material disputed facts in his case was violated when the Court of App…
18-8926 Donald C. Jackson v. Priye T. Mukoro, et al. Texas 2019-04-22 Denied Response WaivedIFP civil-rights constitutional-rights de-minimis due-process first-amendment qualified-immunity retaliation retaliation-claim summary-judgment Whether the Court of Appeals for the First District Texas reversibly erred when it reversed the Judgment of the trial court and rendered judgment gran…
18-1326 Justin Shultz, et al. v. Jason Cole Third Circuit 2019-04-19 Denied Response Waived civil-rights clearly-established-law due-process first-amendment individual-assessment law-enforcement legal-standard police-conduct qualified-immunity retaliation summary-judgment 1. When multiple police officers seek qualified immunity on a summary judgment motion, should their entitlement to qualified immunity be evaluated ind…
18-1294 Michael D. Lynch, et ux. v. Deutsche Bank National Trust Company, et al. Eleventh Circuit 2019-04-12 Denied Response Waived business-records circuit-split due-process equal-protection erie-doctrine federal-rules-of-evidence hearsay hearsay-testimony national-mortgage-settlements summary-judgment supervisory-power This case presents clear conflict on a pure question of law, regarding the Federal Rules of Evidence. According to the Eleventh Circuit, the hearsay s…
18-8736 Juan Espinoza, et al. v. San Benito Consolidated Independent School District Fifth Circuit 2019-04-09 Denied IFP 5th-circuit civil-procedure due-process fair-labor-standards-act genuine-dispute-of-material-fact inferences-in-favor-of-non-moving-party standard-of-review summary-judgment trial-court wage-violations 1. The 5th Circuit erred when it affirmed the trial Court's granting of Respondent's Motion for Summary Judgment against all Petitioners on the issue …
18-1275 Xiaohua Huang v. Huawei Technologies Co., Ltd. Federal Circuit 2019-04-05 Rehearing Response WaivedRelisted (2) civil-procedure-fraud-on-the-court civil-rights discovery due-process fraud-on-court fraud-on-the-court hearsay-evidence judicial-misconduct patent patent-infringement sanctions standing summary-judgment As pointed out by District Judge J. Owen Forrester in Sklar v. Clough, 2007 U.S. Dist. LEXIS 49248 (N.D. Ga. July 6, 2007), "a district court may cons…
18-8684 Robert E. Young v. Megan J. Brennan, Postmaster General Seventh Circuit 2019-04-03 Denied Response WaivedIFP 7th-amendment administrative-law burden-of-proof civil-procedure civil-rights due-process jury-trial mixed-cases pro-se-litigants pro-se-litigation rules-of-evidence standing summary-judgment Did the 7th District Court and the 7th Circuit Cowl in it's concurrence of the lower court's ruling, deny the Appellant the protection and benefits gr…
18-8674 Dewayne Montgomery v. Garry Lewis Properties Louisiana 2019-04-02 Denied Response WaivedIFP appellate-review burden-of-proof civil-procedure civil-rights discovery due-process landlord-tenant precedent slum-landlords standing summary-judgment tenant-rights tenants Whether the court of appeal's decision below, which effectively shifted the burden of proof onto Petitioner, a non-moving party at the summary judgmen…
18-1257 Peter Lee, et al. v. City of Los Angeles, California Ninth Circuit 2019-04-01 Denied civil-rights district-boundaries hunt-v-cromartie legislative-privilege racial-gerrymandering redistricting shaw-claim shaw-v-reno summary-judgment united-states-v-gillock village-of-arlington-heights-v-metropolitan-housin In a case under Shaw v. Reno, 509 U.S. 630 (1993) ("Shaw claim"), and its progeny, alleging that a City Council racially gerrymandered new district bo…
18-1220 Cleveland Franklin v. American Elevator Inspections, Inc. Texas 2019-03-20 Denied 7th-amendment affidavit-evidence burden-of-proof civil-procedure civil-rights due-process elevator-safety evidence negligence personal-injury standing summary-judgment trial-by-jury Petitioner Cleveland Franklin was trapped in a residential elevator with no telephone. Using his fists, he saved his life by pounding his way out to f…
18-1204 Terry Haynie v. United Airlines, Inc. Fourth Circuit 2019-03-15 Denied Response Waived discrete incident instead of an ongoing pattern o civil-rights constructive-discharge employment-discrimination hostile-work-environment material-facts national-railroad-passenger-corp-v-morgan retaliation statute-of-limitations summary-judgment 1. Whether the court below erroneously applied Nat'l R.R. Passenger Corp. v. Morgan when it considered each incident of harassment as a single, discre…
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 …
18-1200 Fluid Dynamics, LLC v. JEA, fka Jacksonville Electric Authority Eleventh Circuit 2019-03-14 Denied certification certification-to-state-court civil-procedure discovery erie-doctrine erie-v-tomkins erie-v-tompkins fact-specific florida-law sovereign-immunity summary-judgment tenth-amendment This case involves the granting of summary judgment as a matter of Florida law by the United States District Court for the Middle District of Florida …
18-8418 Marvin Waddleton, III v. Bernadette Rodriguez, et al. Fifth Circuit 2019-03-13 Denied IFP civil-rights confrontation-clause constitutional-rights cross-examination due-process force-application good-faith qualified-immunity summary-judgment The core of the inquiry.. .That once the provisions of 42 USCS 1997, and Clear Established Law has been properly satified to over come Quailfied Immun…
18-1176 Eric Wenzel, et al. v. Carl Storm Eighth Circuit 2019-03-11 Denied Response Waived anderson-v-liberty-lobby civil-rights dash-camera-evidence dash-camera-video excessive-force fourth-amendment lytle-v-bexar-county police-use-of-force qualified-immunity scott-v-harris seizure-intrusive seizure-standard summary-judgment unarmed-suspect 1. Did the Eighth Circuit err in holding that Respondent Officer Storm was entitled to qualified immunity on the Wenzel Petitioners' claim of excessiv…
18-1161 Regena Bryant v. UnitedHealth Group, Inc., et al. Ninth Circuit 2019-03-07 Denied Response Waived age-discrimination burden-of-proof burden-shifting civil-rights due-process employment-discrimination mcdonnell-douglas mcdonnell-douglas-framework prima-facie-case summary-judgment title-vii This case is a Non-Mixed Motive and Non-Pretext Title VII employment discrimination suit. The exclusive focus in this case is the sort of showing a Ti…
18-8326 Dana Gray v. V. Romero, et al. Ninth Circuit 2019-03-07 Denied Response WaivedIFP 7th-amendment access-to-court civil-rights constitutional-access due-process expert-testimony medical-care medical-care-claims medical-expert neutral-expert prisoner-rights pro-se-litigation summary-judgment UNITED STATES DISTRICT COURTS NEED TO RELIABLY APPOINT NEUTRAL MEDICAL EXPERTS IN INDIVIDUAL PRISONER PRO SE §42 USC 1983 MEDICAL CARE CASES WITH COGN…
18-1153 Timothy J. Rizzo v. Applied Materials, Inc., et al. Second Circuit 2019-03-06 Denied Response WaivedRelisted (2) 7th-amendment civil-procedure civil-rights constitutional-rights daubert daubert-standard due-process expert-testimony scientific-evidence seventh-amendment standard-of-review summary-judgment Whether the courts below erroneously abused their discretion dismissing Rizzo's Experts (Dr. Wang, Dr. Miloslaysky, Dr. Hodgman) in conflict with the …
18-1148 Kimberly Franett-Fergus v. Omak School District 19, et al. Ninth Circuit 2019-03-05 Denied burden-of-proof circumstantial-evidence civil-rights diversity diversity-considerations employment employment-discrimination hiring-practices national-origin protected-classes race racial-bias religion summary-judgment 1. Whether a plaintiff may rely on ethnically distinct names in proving circumstantial evidence of how an employer regards the job candidates' race, r…
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)(…
18-8114 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?
18-8092 Azaniah Blankumsee v. Maryland Department of Public Safety and Correctional Services, et al. Fourth Circuit 2019-02-22 Denied IFP civil-procedure civil-rights deliberate-indifference due-process qualified-immunity standing summary-judgment 1) Did the defendant's lower court err in granting Summary Judgment? 2) DID hE FOURTh CIBCUIT ERR In AFFIRMING IOWER COuRTS Dacision? 3 Did The Four…
18-1089 Annette Benjamin v. Felder Services, L.L.C., dba Oxford Health and Rehab Center Fifth Circuit 2019-02-21 Denied age-discrimination burden-of-proof civil-rights direct-evidence disparate-treatment employment-act employment-discrimination employment-law poor-performance pretext summary-judgment workplace-discrimination In a case brought under the Age Discrimination in Employment Act, where a long-term, older employee is displaced by a younger employee, may a court pr…
18-8081 Jared King v. Karen Creed, et al. Second Circuit 2019-02-21 Denied Response WaivedIFP 28-usc-1915 appeal appellate-procedure civil-procedure civil-rights coppedge-v-united-states due-process fifth-amendment in-forma-pauperis notice-of-hearing standing summary-judgment Whether the panel that dismissed pursuant to 28 U.S.C. §1915(e) plaintiffs appeal to the Court of Appeals for the Second circuit, (Parker, Chin & Livi…
18-7980 Joseph Michael Ladeairous v. Department of Justice District of Columbia 2019-02-14 Dismissed Response WaivedIFP civil-rights criminal-procedure criminal-proceeding due-process foia-request foreign-intelligence-surveillance foreign-intelligence-surveillance-act freedom-of-information freedom-of-information-act national-security standing summary-judgment surveillance terrorist-designation The petitioner confronted respondent by way of the United States Freedom Of Information Act and its subsequent civil action, for information relating …
18-1063 John Cottam v. Douglas Pelton Eleventh Circuit 2019-02-13 Denied civil-rights constitutional-rights due-process emotional-distress fabricated-evidence false-arrest law-enforcement-fabrication malicious-prosecution probable-cause qualified-immunity rule-56 summary-judgment 1. The well documented criminal fabrication of a felony charge of eluding (car chase) against an innocent citizen has been protected at all levels of …
18-1058 Janice Smets v. Heather Wilson, Secretary of the Air Force Ninth Circuit 2019-02-12 Denied Response Waived administrative-exhaustion civil-rights civil-servant due-process employment federal-circuit federal-courts mixed-case mspb non-jurisdiction summary-judgment title-vii 1. When a civil servant changes a claim to a 'mixed case' during the District Court's non-hearing proceedings and she files to remand based on non-jur…
18-7919 Susan Grund v. Julie Murphy, et al. Seventh Circuit 2019-02-12 Denied IFP appeal civil-procedure civil-rights deliberate-indifference eighth-amendment medical-need prisoner-rights summary-judgment Whether The District Courtin granting summary judgment improperly decided disputed factual issues which the appeal court affirmed. Whether the Peti…
18-1036 Antero Ramos v. Firestone Building Products Company, LLC Eleventh Circuit 2019-02-07 Denied 60(b)(6) attorney-misconduct attorney-negligence circuit-split civil-procedure client-abandonment client-relief equitable-relief federal-rules-of-civil-procedure judicial-discretion legal-malpractice rule-60(b)(6) summary-judgment 1. If a client is blameless, is a lawyer's gross neglect of the client's case a basis for relief under Federal Rule of Civil Procedure 60(b)(6)? (7-2 …
18-7648 William R. Stevenson v. R. Cordova, et al. Tenth Circuit 2019-01-30 Denied IFP civil-rights civil-rights-violation-obvious-standard constitutional-violation deliberate-indifference directed-verdict-standard due-process eighth-amendment eighth-amendment-deliberate-indifference judicial-bias perjured-testimony prison-conditions qualified-immunity summary-judgment summary-judgment-qualified-immunity Whether the Court of Appeals erred in concluding the law was not clearly established as to the conduct of Defendants Espinoza and Williams and in conc…
18-965 Donald Sullivan v. Robert Wayne Pugh, et ux. North Carolina 2019-01-25 Denied Relisted (2) appeal appellate-procedure civil-procedure civil-rights constitutional-rights due-process judicial-misconduct jury-trial north-carolina oath-of-office summary-judgment Whether or not the presiding judge in the lower court, the judges of the Court of Appeals of North Carolina and the justices of the North Carolina Sup…
18-967 Marisol Micheo-Acevedo v. Stericycle of Puerto Rico, Inc. First Circuit 2019-01-25 Denied Response Waived civil-procedure civil-rights constitutional-rights due-process employment-discrimination first-circuit jury-trial retaliation retaliation-claim summary-judgment supervisory-power A. Whether the First Circuit deprived Petitioner of her constitutional right to a jury trial when it massaged the facts in violation of Rule 56 and , …
18-7514 Toni R. Palmer v. Kaiser Foundation Hospitals Technology Risk Office Tenth Circuit 2019-01-24 Denied IFP case-merits civil-procedure complaint-analysis court-procedure due-process evidence evidentiary-standards judicial-review legal-interpretation pleadings standing summary-judgment 2 an ape ong OS et yeu dent hae but A Summ ag n_You hke EilhHe) +0 Kel&P have EVickeniee Se ON You Ao Kor fRoUeE YouR Clam. 2) pid He Diakicr anld Ap…
18-7398 Kerry Kruskal v. Peter Sprunt New Mexico 2019-01-14 Denied IFP amended-complaint association-ditch-fees civil-procedure constitutional-rights contested-issues due-process issue-preclusion motion-to-reconsider pro-se-litigant pro-se-representation property-dispute property-rights sanctions standing stored-water-rights summary-judgment surface-water-rights warranty-deed water-rights In this case- Was the district court correct to adversely rule on Sprunt's summery judgment motion when there were so many legitimate contested issues…
18-885 Bennie Kennedy, et al. v. Schneider Electric, fka Square D Company Seventh Circuit 2019-01-09 Denied Response Waived 28-usc-455 case-consolidation civil-procedure district-court due-process federal-rules federal-rules-of-civil-procedure judicial-review pleadings standing summary-judgment supervisory-power Whether or not this Court should call for an exercise of this Court's supervisory power by rejecting the Seventh Circuit's reasoning which affirmed th…
18-875 Albert G. Hill, III, et al. v. PBL Multi-Strategy Fund, L.P. Fifth Circuit 2019-01-08 Denied Response Waived appellate-procedure appellate-review circuit-courts circuit-split civil-procedure evidence evidence-standards judicial-review procedural-uniformity remand standards-of-review summary-judgment uniform-standards Should the Court grant the petition, vacate the judgment below, and remand to the District Court for further proceedings, because the Court of Appeals…
18-7314 Deontae Thomas v. Florida Florida 2019-01-08 Denied IFP civil-procedure due-process evidentiary-hearing judicial-bias newly-discovered-evidence standing summary-judgment Whether Procidura Due Prociss of LeW Mandated An Evidentiary htaring On Newly DisLovered Evidincd Claim. Petitioner was denied A detached 3Y34m Whethe…
18-840 Steven Leon Banks v. Vincent Myron Gore, et al. Fourth Circuit 2019-01-03 Denied Response Waived 8th-amendment civil-rights constitutional-violation due-process medical-negligence personal-involvement pro-se-plaintiff pro-se-pleadings qualified-immunity standing summary-judgment supervisory-liability 1. Can supervisors be liable for the constitutional violations of their subordinates even if the supervisor is not directly "personally involved"? 2.…
18-7112 Brien O. Hill v. Associates for Renewal in Education, Inc. District of Columbia 2018-12-19 Denied Response WaivedIFP ada americans-with-disabilities-act civil-rights disability-discrimination due-process employment hostile-work-environment reasonable-accommodation standing summary-judgment title-vii Whether the elements for the hostile work environment claim in this cause have been raised to a standard of violation of Title VII SEC. 2002e-2. [Sect…
18-7081 Marlon Dantruce Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-12-18 Denied IFP certificate-of-appealability constitutional-claims due-process false-testimony giglio giglio-v-united-states habeas-corpus habeas-corpus-review prosecutorial-misconduct slack-v-mcdaniel standing summary-judgment 1. Whether Slack v. McDaniel, 529 U.S. 473 (2000), requires a court of appeals to issue a certificate of appealability to a prisoner to challenge a di…
18-7049 Joel Marvin Munt v. Nanette Larson, et al. Eighth Circuit 2018-12-17 Denied Response WaivedIFP 8th-amendment civil-rights dismissal due-process eighth-amendment expert-evaluation jury-trial medical-care mootness prisoner-rights standing summary-judgment Was. Petitioner unconstitutionally denied his right to have a jury determine the facts of his case? Can the State escape their Eighth Amendment Duty …
18-7063 In Re Charles A. Dread 2018-12-17 Denied Relisted (3)IFP civil-procedure civil-rights constitutional-rights due-process evidentiary-hearing official-responsibility qualified-immunity racial-discrimination standing summary-judgment Was the Trial Court's denial of the Appellant's Motion for Summary Judgment and the Request for Hearing without granting the Appellant a Hearing he re…
18-6955 Guy W. Harrison, III v. Fulton County, Georgia Eleventh Circuit 2018-12-07 Denied Response WaivedIFP ada civil-rights constitutional-rights due-process eeoc eeoc-ruling summary-judgement summary-judgment title-vii trial-by-jury Whether the lower courts have the authority to grant Summary Judgement when the EEOC has ruled that the Plaintiff rights were violated under Title VII…
18-724 City of Sandpoint, Idaho, et al. v. Dana Maddox, on Behalf of Minor Children D. M. and D. M., et al. Ninth Circuit 2018-12-06 Denied Response Waived appellate-review civil-procedure civil-rights due-process interlocutory-appeal ninth-circuit qualified-immunity summary-judgment waiver-and-forfeiture 1. Does the Ninth Circuit Panel's refusal to hear these petitioning police officers' interlocutory appeal on their claim of qualified immunity deny th…
18-713 Stuart Wright v. United States Eighth Circuit 2018-12-03 Denied Response Waived anderson-v-liberty-lobby drawing-inferences-in-favor-of-nonmovant. genuine-issue-of-material-fact procedural-rules tolan-v-cotton adickes-v-s-h-kress-co anderson-v-liberty-lobby civil-procedure due-process genuine-issue-of-fact inference-drawing nonmovant-evidence procedural-rules summary-judgment supreme-court-precedent tolan-v-cotton I. Whether the U.S.A.'s failure to "respond" and the Magistrate Judge's failure to "deem admitted" in this case conflict with Supreme Court precedent …
18-6792 Christopher W. Fillmore v. Indiana Bell Telephone Company, Inc. Seventh Circuit 2018-11-23 Denied Response WaivedIFP circuit-court circuit-split civil-procedure cross-motions district-court equitable-remedies evidence evidence-sufficiency evidentiary-insufficiency judicial-discretion representation-resources summary-judgment The District Court affirmed, and the Seventh Circuit agreed, that both Respondent ('Indiana Bell") and Petitioner ("Fillmore") submitted "sparse" — or…
18-634 Aed El-Saba v. University of South Alabama Eleventh Circuit 2018-11-15 Denied appellate-review civil-procedure employment-discrimination national-origin-discrimination pretext pretext-analysis retaliation summary-judgment supervisory-power termination Under Rule 10(a) when the trial court changes the language of the stated discharge reason; substitutes another document as the focus of pretext analys…
18-610 TiEnergy, LLC v. Wisconsin Central Ltd. Seventh Circuit 2018-11-09 Denied Response Waived circuit-split civil-procedure consignee-liability contract contract-law demurrage-charges seventh-circuit shipping-law statutory-interpretation summary-judgment For a consignee to be liable for demurrage it must agree to be a consignee for the goods being shipped as the liability for such charges is based in c…
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? …
18-598 Andrew Chien v. Andrew K. Clark, et al. Second Circuit 2018-11-06 Denied Response WaivedRelisted (2) abuse-of-discretion appellate-review civil-procedure due-process equitable-relief judicial-bias rico rico-act second-circuit-review standing summary-affirmance summary-judgment takings Whether the Racketeer Influenced and Corrupt Organ Whether the Second Circuit erred that to grant Appellees motion for summary affirmance while to deny Chien's three motions as moot, indicating so far …
18-563 Darren Commander v. United States Third Circuit 2018-10-31 Denied Response Waived 26-usc-6672 circuit-split civil-procedure negligence statutory-interpretation summary-judgment tax-law willfulness Was the Third Circuit's standard for willfulness under 26 U.S.C. § 6672(a) too lax for situations that at best are mere negligence in conflict with th…
18-567 Danny Snapp v. Burlington Northern Santa Fe Railway Company Ninth Circuit 2018-10-31 Denied ada ADA-interactive-process ada-reasonable-accommodation burden-of-proof civil-rights disability-discrimination employer-burden employment interactive-process jury-instruction jury-instructions reasonable-accommodation summary-judgment undue-hardship us-airways-v-barnett In 2013 on appeal from a summary judgment dismissing claims for violation of the Americans with Disabilities Act (the "ADA"), 42 U.S.C. §12101 et. seq…
18-559 Meteku Negatu v. Wells Fargo Bank, N.A. District of Columbia 2018-10-30 Denied african-american-defendants civil-rights due-process equal-protection foreclosure judicial-process mortgage mortgage-foreclosure standing summary-judgment The Mortgage Industry in the United States is a ten trillion dollar enterprise. Sixty-five percent of homes in America are owned and carry mortgages. …
18-6501 Carl A. Robertson v. Interactive College of Technology, et al. Eleventh Circuit 2018-10-30 Denied Response WaivedIFP cat's-paw-theory civil-procedure civil-rights due-process employment-discrimination evidentiary-rules mcdonnell-douglas-framework pretext pro-se pro-se-litigant scheduling-order standing summary-judgment title-vii Based on the Supreme Court of the United States precedents: Should a 'pro se litigant's" [or any litigant's] First Proposed "Heightened" Amended Com…
18-6425 Michael Louis Beattie v. L. Romero, et al. Ninth Circuit 2018-10-24 Denied Response WaivedIFP administrative-procedure administrative-remedies admissions civil-procedure civil-procedure-summary-judgment civil-procedure-summary-judgment-uncontroverted-fa exhaustion-of-remedies fact-admission moving-party non-moving-party prison-grievance prison-grievances procedural-default summary-judgment uncontroverted-facts When, during Summary Judgment proceedings, a non-moving party asserts a fact - or set of facts - and the moving party doesn't dispute the fact, is the…
18-6367 Joel Carter v. Jamie Ayala, et al. Sixth Circuit 2018-10-17 Denied Response WaivedIFP civil-rights constitutional-law cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-services medical-treatment precedent prisoner-rights summary-judgment I. Did the lower court err in granting summary judgment in favor of Respondents on Petitioner's Eighth Amendment deliberate indifference claim, by iss…
18-473 John Davis v. Deutsche Bank National Trust Co., et al. Tenth Circuit 2018-10-12 Denied Response Waived conclusive-presumptions constitutional-law creditor-standing due-process eviction foreclosure foreclosure-statute judicial-immunity property-rights standing summary-judgment 1. Whether foreclosure and eviction of homeowners, by virtue of statutory conclusive presumptions that allow courts to deem a creditor's ownership wit…
18-452 Jesse L. Wesley, III v. Town Square Media West Central Radio Broadcasting, et al. Ninth Circuit 2018-10-11 Denied Response Waived abuse-of-discretion appellate-procedure civil-procedure de-novo de-novo-review motion-to-amend standard-of-review summary-judgment Whether a district court's decision on a motion to amend a summary judgment should be reviewed with the standard of abuse of discretion or de novo.
18-416 JoAnn Hatch v. Megan J. Brennan, Postmaster General, et al. Ninth Circuit 2018-10-03 Denied Response Waived ada burden-of-proof civil-rights disability-discrimination non-discriminatory-reason reasonable-accommodation seniority-system summary-judgment 1. On a motion for summary judgment, whether the trial court may disregard or ignore a party's sworn testimony concerning a material historical fact b…
18-6134 Scott Peters v. John Baldwin, et al. Seventh Circuit 2018-09-28 Denied Relisted (2)IFP civil-procedure civil-rights court-discretion dismissal due-process federal-claim legal-action procedural-issue standing summary-judgment Thogh th ort Fo FAic to Peosece Becous Pettonkn CoulD Not COME op with thet5ooe, whew oft prisoNERs whe May Havk 5O0 COULD PUL FORWAA HSOO.D ANd AAUE …
18-399 John W. Fink v. J. Philip Kirchner, et al. Third Circuit 2018-09-28 Denied Relisted (2) appellate-review civil-procedure civil-rights constitutional-rights due-process judicial-error jury-trial standing summary-judgment trial-by-jury Because of the numerous, fundamental and pervasive errors and omissions committed by the district court, and because the court of appeals affirmed the…
18-6109 Keerut Singh v. United States Postal Service Ninth Circuit 2018-09-27 Denied Response WaivedIFP administrative-procedure civil-procedure de-novo-review due-process foia foia-request judicial-procedure privacy-act pro-se-litigant standard-of-review summary-judgment Whether the Ninth Circuit failed to comply with its own precedents under 5 U.S.C. §§ 552 and 552a thus resulting in a severe departure from the typica…
18-353 Tate Clark v. Southwest Airlines Company Fifth Circuit 2018-09-18 Denied Response Waived anderson-v-liberty-lobby appellate-review causation-standard civil-procedure district-court evidence-standard factual-inferences fmla-retaliation genuine-issue-for-trial judicial-review mixed-motive pretext prima-facie-case standard-of-review summary-judgment Therefore the question presented is whether the District Court and Court of Appeals failed to view the evidence presented in conjunction with Responde…
18-6002 David Librace v. Deborah Helton Wright, et al. Eighth Circuit 2018-09-17 Denied IFP appeal civil-procedure civil-rights due-process eighth-circuit federal-jurisdiction legal-notice procedural-defect remand service-of-process standing summary-judgment The Lower Court erred when act over~ 4 aq Symmery Wdomert ™ winch Resend ents A Hornt y Vyle Sten knew fhe Semmens Se dsement WLS [s5ved 15 led Let…
18-5963 Steve Kassab v. S. Skinner, et al. Ninth Circuit 2018-09-13 Denied Response WaivedIFP civil-procedure civil-rights discovery due-process excessive-force law-enforcement-misconduct new-trial qualified-immunity standing summary-judgment trial-procedure WHETHER THE DISTRICT COURT'S DISMISSAL OF ALL BUT 2 DEFENDANTS CAUSED PREJUDICE TO PETITIONER? WHETHER THE JURY'S VERDICT IS CONTRARY TO THE CLEAR WE…
18-270 Damian Phillips v. United States Fourth Circuit 2018-09-04 Denied Response Waived article-iii article-iii-standing civil-forfeiture civil-procedure due-process evidence lujan-test procedural-standing standing summary-judgment third-party-evidence Whether a claimant in a civil forfeiture proceeding has established sufficient Article III standing to withstand summary judgment and proceed to trial…
18-5794 Ronnie Keith Davis v. Benjamin Maddie Fifth Circuit 2018-08-28 Denied Response WaivedIFP civil-rights civil-rights-procedure civil-rights-proceeding evidentiary-hearing first-national-bank-v-lustig fraud-upon-court fraud-upon-the-court hazel-atlas-glass inherent-power miscarriage-of-justice rozier-v-ford-motor rule-60(b)(3) rule-60b3 sanctions summary-judgment Whether a Motion to vacate the judgment pursuant to Rule 60(b)(3) timely filed within the one-year period is governed by the grave miscarriage of just…
18-5802 John Doe v. Kaweah Delta Hospital, et al. Ninth Circuit 2018-08-28 Denied Relisted (2)IFP civil-procedure civil-procedure-statute-of-limitations civil-rights confidentiality district-court-review due-process employment employment-conditions equitable-tolling medical-information-act statute-of-limitations summary-judgment Why did the District Court ask for a brief on equitable tolling and the statute of limitations and then ignore the material facts presented without re…
18-246 Mary L. Doherty, et al. v. Allstate Indemnity Company Third Circuit 2018-08-27 Denied anderson-v-liberty-lobby due-process expert-witness expert-witness-reports expert-witness-testimony fifth-amendment hearsay hearsay-evidence insurance-contract jury-trial mend-the-hold mend-the-hold-doctrine seventh-amendment summary-judgment Whether the affirmed Rule 56 summary judgment decision is inconsistent with the standard set forth in Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1…
18-5713 Leonard E. Dunning v. Nancy M. Ware, Director, Court Services and Offender Supervision Agency District of Columbia 2018-08-22 Denied Response WaivedIFP appellate-review civil-rights discrimination due-process employment employment-discrimination intentional-discrimination mcdonnell-douglas motion-reconsideration pretext reasonable-jury summary-judgment Whether Appellate Court erred in denying Appellant's motion for reconsideration of the U.S. District Court ruling in issuing the granting of summary j…
18-5712 Jerome A. Christmon v. B&B Airparts, Inc. Tenth Circuit 2018-08-22 Denied IFP 7th-amendment civil-procedure constitutional-rights due-process errata-sheets evidence jury-trial procedural-error summary-judgement summary-judgment uncertified-deposition If summary judgement is sought, using only the deponents' UNCERTIFIED deposition as the basis for the moving parties supposed factual position (withou…
18-5595 Keith L. Williams v. Kul Sood, et al. Seventh Circuit 2018-08-15 Denied Response WaivedIFP 8th-amendment civil-procedure civil-rights due-process eighth-amendment in-forma-pauperis judicial-discretion prisoner-rights procedural-error standing summary-judgment Whether court of appeals or district court abused it's descretion: In (8)th amendment violation claim: by failing to.ackiiowledge evidence, that dis…
18-5560 Eric C. Beauchamp v. D. J. Doglietto, et al. Ninth Circuit 2018-08-13 Denied Response WaivedIFP administrative-exhaustion administrative-remedies administrative-remedy anderson-v-liberty-lobby civil-rights due-process prison-litigation procedural-barriers ross-v-blake standing summary-judgment Whether the United States Court of Appeals for the Ninth Circuit affirmation of the United States District Court grant of summary judgment to the Defe…
18-5568 Carline Curry v. City of Mansfield, Ohio, et al. Ohio 2018-08-13 Denied Response WaivedRelisted (2)IFP bad-faith civil-procedure civil-rights constitutional-provisions court-procedure due-process judicial-discretion jurisdiction jurisdictional-challenge opinions-below patent procedural-defect standing summary-judgment takings The Ohio Supreme Court declined to accept Jurisdiction of the Appeal: The Judge closed plaintiffs Curry's cases for not being 100% perfected, and deni…
18-5555 William Womack v. Landan Adams, et al. Ninth Circuit 2018-08-13 Denied Response WaivedIFP appellate-jurisdiction civil-procedure civil-rights constitutional-law constitutional-review district-court due-process jurisdiction legal-procedure ninth-circuit standing summary-judgment A. WHETHER THE NINTH CIRCUIT COURT OF APPEALS HAS JURISDICTION TO REVIEW THE DISTRICT COURT'S ERRONEOUS DECISION IN GRANTING SUMMARY JUDGMENT PURSUANT…
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 …
18-5430 James Davis Bennett, et ux. v. United States, et al. Ninth Circuit 2018-08-01 Denied Response WaivedIFP 8th-amendment constitutional-defense deliberate-indifference due-process eighth-amendment estelle-vs-gamble federal-rules-of-appellate-procedure medical-care prisoner-rights serious-medical-needs summary-judgment 1. The Question before the Court is Whether the Eight Amendment under Estelle vs Gamble allows a Court to create a Constitutional Defense to an admitt…
18-134 Jennifer Perkins v. US Airways, Inc., et al. Fourth Circuit 2018-07-31 Denied Response Waived 12(b)(6) benefits-denial current-employment-status erisa health-benefits medicare-as-secondary-payer medicare-secondary-payer plan-documents summary-judgment unreasonable-denial-of-benefits Petitioner has been continuously employed as a flight attendant with Respondent US Airways, Inc. (US Air), a member of the flight attendants' union, a…
18-5358 Brigitte Reynolds v. Anthony Stewart, Warden, et al. Sixth Circuit 2018-07-26 Denied Response WaivedIFP access-to-court access-to-courts civil-procedure civil-rights district-court-dismissal due-process equal-protection judicial-discretion pro-se-plaintiff procedural-prejudice retaliation sixth-circuit-review standing summary-judgment 1. DID THE DISTRICT COURT IMPROPERLY DECIDE DISPUTED FACTUAL ISSUES AND DISMISSED WITH PREJUDICE; AND DID THE SIXTH CIRCUIT COURT IMPROPERLY AGREE WIT…
18-5326 Mario Howard Lloyd v. Scott Moats, et al. Seventh Circuit 2018-07-24 Denied Response WaivedIFP civil-procedure civil-rights counsel counsel-recruitment district-court-discretion due-process eighth-amendment fundamental-error intercircuit-conflict jury-trial medical-care standing summary-judgment (1) Whether the District Court's "persuasive authority" test order this case to be trial by a jury trial on February 211 2017, and than less then rwo …
18-5328 Muffin Anderson v. Susan A. Larsen Washington 2018-07-24 Denied Response WaivedIFP americans-with-disabilities-act civil-procedure constitutional-rights due-process fair-hearing jury-trial mental-capacity mental-disability physical-capacity procedural-fairness stare-decisis summary-judgment If a significant question of law under the constitution of the state of Washington or of the United States is involved. Did the trial court violate t…
18-110 Andrew Burningham, et al. v. John Morrison Raines, III, Guardian of the Estate of John Morrison Raines, IV Eighth Circuit 2018-07-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 8th-circuit anderson-v-liberty-lobby civil-rights clearly-established-law excessive-force fourth-amendment interlocutory-appeal johnson-v-jones mitchell-v-forsyth qualified-immunity summary-judgment use-of-force 1. Does Johnson v. Jones, 515 U.S. 304 (1995) foreclose interlocutory appeal of an order denying summary judgment on qualified immunity, where the und…
18-5315 Marsha Chambers v. Green Tree Servicing, L.L.C., et al. Fifth Circuit 2018-07-23 Denied Response WaivedIFP 7th-amendment anderson-v-liberty-lobby appellate-review civil-procedure constitutional-rights due-process fifth-circuit-court judicial-precedent material-facts seventh-amendment summary-judgment Did the Lower Courts follow the precedence standards set by this US Supreme Court in Anderson V Liberty Lobby (106 S.Ct. 2505) since this was even one…
18-94 Augusta Thomas, Jr. v. Delmarva Power & Light Company Fourth Circuit 2018-07-20 Denied Response Waived burden-shifting civil-rights due-process employment employment-discrimination employment-law mixed-motive race-discrimination summary-judgment title-vii 1. Whether the McDonnell Douglas burden-shifting framework should be applied at the summary judgment stage of a mixed-motive Title VII race discrimina…
18-5275 Christopher Counts v. Eddie Wilson, Warden, et al. Tenth Circuit 2018-07-19 Denied Response WaivedIFP constitutional-issues deference due-process due-process-clause ex-parte federal-court-deference judicial-order retroactive-application state-court-order summary-judgment 1 Does Federal Courtdeferenceto an ex parte Judical Order, adapted from the Respondents Consolidaded Motion For Summary Judgment, resul incluims that …
18-71 Bernard T. Canete v. Barnabas Health System, et al. Third Circuit 2018-07-13 Denied Response Waived age-discrimination civil-rights employment-act hostile-work-environment military-status military-status-discrimination national-origin-discrimination race-discrimination summary-judgment 1. Whether there was engagement in abuse of discretion and misapplication of the summary judgment standard at the District Court which was adopted by …
18-49 Georgia Plumb, et al. v. U.S. Bank National Association, et al. Washington 2018-07-09 Denied Relisted (2) civil-procedure constitutional-rights due-process foreclosure fourteenth-amendment note-possession procedural-due-process property-rights residential-mortgage standing summary-judgment Whether the Plumbs' procedural due process rights under the Fourteenth Amendment were violated by the state when final summary judgment and judgment o…
18-22 Young Sung Lee, et al. v. Katelyn Garvey Second Circuit 2018-07-05 Denied civil-procedure directed-verdict diversity-jurisdiction federal-courts judicial-discretion meniscus-injury new-york-insurance-law new-york-law permanent-injury personal-injury rule-50-dismissal rule-50(a) rule-50a serious-injury-threshold state-law-interpretation summary-judgment 1. Whether the Magistrate Judge erred as a matter of law in granting a Rule 50(a) motion for directed verdict when (a) both parties' experts agreed th…
18-24 Shannon Hyland v. Liberty Mutual Fire Insurance Company Seventh Circuit 2018-07-03 Denied appellate-review breach-of-contract causation civil-procedure duty-to-defend fact-finding insurance insurance-coverage insurance-litigation judgment-vacatur judicial-proceedings summary-judgment uninsured-motorist Whether the Court of Appeals so far departed from the accepted and usual course of judicial proceedings when it deliberately removed relevant and unco…
18-9 Lisa Washington v. Alex M. Azar, II, Secretary of Health and Human Services Fourth Circuit 2018-06-29 Denied Response WaivedRelisted (2) civil-rights discrimination employment-discrimination equal-pay race-discrimination retaliation strict-scrutiny summary-judgment title-vii workplace-retaliation WHETHER THIS COURT MUST APPLY STRICT SCRUTINY IN REVIEWING THE LOWER COURTS' DECISIONS AFTER DEVIATING FROM APPLICABLE CASE AND STATUTORY LAW AND DISM…
25A272 Dennis D. Sadorra v. Starlight Dunes HOA, a California Nonprofit Mutual Benefit Corporation Ninth Circuit Application certiorari due-process jurisdictional-integrity property-rights summary-judgment supreme-court-review Question not identified.