No. 18-320

CEH Energy, LLC, et al. v. Kean Miller, LLP, et al.

Lower Court: Fifth Circuit
Docketed: 2018-09-12
Status: Denied
Type: Paid
Response Waived
Tags: appeal appeals appellate-deadline circuit-split civil-procedure judicial-procedure motion-to-alter new-grounds rule-59(e) rule-59e successive-motions tolling tolling-provision
Key Terms:
ERISA JusticiabilityDoctri
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Should the Supreme Court reverse this outlier Fifth Circuit case and provide clear guidance to practitioners on when successive Rule 59(e) motions are appropriate?

Question Presented (OCR Extract)

QUESTION PRESENTED Rule 59(e) establishes a party’s right to file a motion to alter or amend a judgment. Other circuits have held, where a Rule 59(e) motion is filed to alter a judgment, and a court subsequently issues a new ruling based on “new grounds” that a party has not had an opportunity to challenge, a second Rule 59(e) motion tolls the appeal deadline pending a ruling on the second Rule 59(e) motion. Here, the Fifth Circuit affirmed the district court, which had ruled that a second Rule 59(e) motion addressing the new grounds raised by the district court did not toll the appellate deadline. This view diverges from the other circuits. The question therefore presented is: Should the Supreme Court reverse this outlier Fifth Circuit case and provide clear guidance to practitioners on when successive Rule 59(e) motions are appropriate?

Docket Entries

2018-11-13
Petition DENIED.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-09-25
Waiver of right of respondent Kean Miller, LLP to respond filed.
2018-09-24
Waiver of right of respondent Stephen C. Hanemann to respond filed.
2018-09-04
Petition for a writ of certiorari filed. (Response due October 12, 2018)

Attorneys

CEH Energy, LLC, et al.
Jennifer Jon GreeneScott Vicknair Hair & Checki, LLC, Petitioner
Jennifer Jon GreeneScott Vicknair Hair & Checki, LLC, Petitioner
Kean Miller, LLP
Connell L. ArcheyKantrow, Spaht, Weaver & Blitzer (APLC), Respondent
Connell L. ArcheyKantrow, Spaht, Weaver & Blitzer (APLC), Respondent
Stephen C. Hanemann
Gustave A. Fritchie IIIIrwin Fritchie Urquhart & Moore LLC, Respondent
Gustave A. Fritchie IIIIrwin Fritchie Urquhart & Moore LLC, Respondent