waiver-doctrine

24 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-398 Adeayo O. Turton v. Saks Fifth Avenue, LLC Pennsylvania 2025-10-03 Denied appellate-procedure due-process equal-protection fourteenth-amendment judicial-review waiver-doctrine 1. Whether a state may constitutionally guarantee rights to appeal in all cases, then suppress that right by rigidly and/or arbitrarily applying proce…
24-377 South Carolina Department of Parks, Recreation and Tourism v. Google LLC Fourth Circuit 2024-10-02 Denied Response Waived circuit-split federalism sovereign-immunity state-agency state-law waiver-doctrine Whether state law can limit the power of one state agency to waive the sovereign immunity of another.
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…
22-1096 Ariadna Ramon Baro v. Lake County Federation of Teachers Local 504, IFT-AFT/AFL-CIO, et al. Seventh Circuit 2023-05-10 Denied Response Waived collective-bargaining consent employee-rights first-amendment government-employer janus-v-afscme union-membership waiver waiver-doctrine In Janus v. AFSCME, this Court held that government employers may not withhold money from an employee on behalf of a union unless the employee affirma…
22-670 Pacesetter Consulting, LLC v. Herbert A. Kapreilian, et al. Ninth Circuit 2023-01-20 Denied Response Waived arizona-law civil-procedure damages damages-rule federal-courts federal-procedure service-of-process special-appearance statute-of-limitations waiver-doctrine Special appearance. In federal courts, "special appearances" no longer exist—and have not for many decades. But lawyers file them every day and distri…
22-5304 Nuelito Morel-Vargas v. Connecticut Connecticut 2022-08-08 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment sixth-amendment waiver waiver-doctrine 1. Do the Fifth, Sixth, and Fourteenth Amendments require a canvass of the defendant prior to a constitutionally valid waiver of the fundamental, pers…
21-7486 Eric Jamar Goodall v. United States Ninth Circuit 2022-03-29 Denied Response WaivedIFP criminal-appeal illegal-sentence jurisdictional-defect ninth-circuit plea-agreement sentencing-error waiver waiver-doctrine 1. Did the Ninth Circuit err in dismissing the appeal when Mr. Goodall's plea agreement contains a count of conviction and resulting sentence that is …
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 …
21-6384 Kimani I. Sterling v. United States Eighth Circuit 2021-11-23 Denied Response WaivedIFP circuit-court-review criminal-appeal eighth-circuit judicial-procedure preservation-of-error procedural-due-process sentencing sentencing-objections standard-of-review waiver waiver-doctrine Has the Eighth Circuit imposed upon Mr. Sterling an unlawful burden by finding Sterling waived his argument that the District Court violated procedura…
21-5042 John Shields v. United States Sixth Circuit 2021-07-08 Denied IFP controlled-substance criminal-procedure double-jeopardy evidence guilty-plea money-laundering plain-error waiver waiver-doctrine I. Whether the Sixth Circuit's blanket policy of relying on the waiver doctrine as justificatio n for refusing to review an insufficiency of the evide…
20-1786 JoAnne Troesch, et al. v. Chicago Teachers Union, et al. Seventh Circuit 2021-06-23 Denied Amici (6)Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-rights employee-rights first-amendment free-speech government-restrictions janus-vs-afscme union-dues waiver waiver-doctrine Under the First Amendment, to seize payments for union speech from employees who provide notice they are nonmembers and object to supporting the union…
20-1751 Susan Fischer, et al. v. Phil Murphy, Governor of New Jersey, et al. Third Circuit 2021-06-16 Denied Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-rights employee-rights first-amendment government-action public-employee standing union-dues union-speech waiver waiver-doctrine In 2018, the Court in Janus v. AFSCME, Council 31 held that public employees have a First Amendment right not to subsidize union speech. 138 S. Ct. 24…
20-7217 Felix Cisneros, Jr. v. United States Ninth Circuit 2021-02-23 Denied Response WaivedIFP circuit-split conspiracy conspiracy-liability criminal-intent criminal-law due-process mens-rea sentencing statutory-elements statutory-interpretation waiver-doctrine 1. Can a person be convicted of conspiracy to violate a statute containing an element increasing the offense's severity, where that element is not act…
20-395 Timothy C. Rote v. Max Zweizig Ninth Circuit 2020-09-25 Denied Response Waived arbitrability-standard arbitration-enforcement employment-agreement federal-arbitration-act free-speech-retaliation non-signatory non-signatory-arbitration oregon-uniform-arbitration-act post-employment-retaliation prior-adjudication waiver waiver-doctrine Whether the district court erred and exceeded its authority under the FAA and OUAA by refusing to compel arbitration (finding waiver and non-signatory
20-5604 Atorbe Aaron Isibor v. United States Ninth Circuit 2020-09-08 Denied Response WaivedIFP appellate-review burden-of-proof criminal-procedure federal-rules forfeiture olano venue venue-insufficiency waiver waiver-doctrine Under this Court's decision in United States v. Olano, 507 U.S. 725 (1993), does a defendant who argues for the first time on appeal that the governme…
19-1445 Hi-Tech Pharmaceuticals, Inc., et al. v. Federal Trade Commission, et al. Eleventh Circuit 2020-07-01 Denied civil-procedure contempt contempt-sanctions dietary-supplements due-process federal-rules-of-civil-procedure federal-trade-commission injunction injunction-specificity waiver-doctrine I. Can the FTC unilaterally reinterpret an injunction years after its entry to seek contempt sanctions based on a more restrictive standard found nowh…
19-8388 Terrence Jamal Williams v. Sherry L. Burt, Warden Sixth Circuit 2020-05-04 Denied IFP constitutional-error courtroom-closure due-process fundamental-fairness fundamental-unfairness ineffective-assistance-counsel ineffective-assistance-of-counsel judicial-discretion sixth-amendment waiver-doctrine weaver-v-massachusetts Whether counsel's failure to object to the closure of the courtroom because he did not want to draw attention to his conduct meets the Weaver v Massac…
19-8080 Julio Solorzano v. United States Ninth Circuit 2020-03-23 Denied Response WaivedIFP actual-innocence-exception civil-rights collateral-attack criminal-procedure davis-ruling due-process federal-courts habeas-corpus sentencing sentencing-challenge waiver-doctrine May a person who is actually innocent of a firearms offense under 18 U.S.C. § 924(c) after United States v. Davis, 1389 S. Ct. 2319 (2019), seek habea…
19-7872 Samuel A. Wilder v. William F. Krebs Fourth Circuit 2020-03-04 Denied IFP appellate-procedure civil-procedure due-process fourth-circuit informal-brief motion-to-extend pro-se pro-se-litigation procedural-ripeness standing waiver-doctrine 1. Whether the court should have assist this prose litigate with time to respond to the Defendant's motion to extend time and Defendant's response to …
19-7858 Todd Darrell Ballard v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2020-03-04 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-rights due-process fourteenth-amendment ineffective-assistance-of-counsel post-conviction-relief post-sentencing procedural-rights sixth-amendment statutory-interpretation substantive-rights waiver waiver-doctrine Whether the Act of the General Assembly [42 Pa.C.S. § 9543 and 9544] is in violation of Appellant's substantive and procedural rights; and whether sai…
19-6177 Valerie Flores v. United States Seventh Circuit 2019-10-07 Denied Response WaivedIFP appellate-review circuit-court government-admission government-waiver plain-error plain-error-review sentencing seventh-circuit supervised-release vagueness waiver waiver-doctrine I. By Disregarding the Government's Failure to Brief a Waiver Argument, Did the Seventh Circuit Errantly Look Past the Government's Waiver of Waiver a…
19-5962 David Tjader v. United States Seventh Circuit 2019-09-17 Denied Response WaivedIFP appellate-review circuit-court government-waiver plain-error plain-error-review sentencing supervised-release vagueness waiver waiver-doctrine I. By Disregarding the Government's Failure to Brief a Waiver Argument, Did the Seventh Circuit Errantly Look Past the Government's Waiver of Waiver a…
18-9256 Zeeshan Khalid Syed v. United States Sixth Circuit 2019-05-15 Denied Response WaivedIFP affidavit certificate-of-appealability civil-procedure civil-rights counsel-affidavit court-discretion due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel pro-se reasonableness-of-counsel standing waiver waiver-doctrine writ-of-certiorari Q1. When a pro-se files for a COA and discuss his claim extensively in his argument, can the Court construe the issue as being waived? Q2. When the C…
18-125 Miriam Grussgott v. Milwaukee Jewish Day School, Inc. Seventh Circuit 2018-07-27 Denied Response RequestedResponse WaivedRelisted (2) ada church-governance civil-rights employment-discrimination first-amendment grussgott hosanna-tabor ministerial-exception non-discrimination non-discrimination-policy religious-institution waiver waiver-doctrine Does the definition of "religious institution" in the two prong test for "ministerial exception" in Hosanna-Tabor Evangelical Lutheran Church and Sch.…