No. 18-6694

Timothy Weakley v. Eagle Logistics, et al.

Lower Court: Eleventh Circuit
Docketed: 2018-11-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review civil-procedure district-court-discretion due-process inconsistent-position inconsistent-positions judicial-discretion judicial-estoppel new-hampshire-v-maine standing v-amendment
Key Terms:
DueProcess
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether a district court within the context of a judicial estoppel claim exceeds the boundaries of judicial discretion when it dismisses plaintiff's 1st position rather than the 2nd inconsistent position contrary to New Hampshire v. Maine

Question Presented (OCR Extract)

question presented to the Court are: ii QUESTIONS PRESENTED Whether a district court within the context of a judicial estopple claim exceeds the boundaries of judicial discretion when it dismisses plaintiffs 1st position rather than the 2"4/ inconsistent position contrary to New Hampshire v. Maine. And Whether it is a violation of due process when a district court wrongly dismisses plaintiff's 15/consistent position rather than his 2"4 and clearly inconsistent position pursuant to a judicial estopple . action, particularly where there has been prior. inconsistent positions taken under oath. ; iii Page

Docket Entries

2019-01-07
Petition DENIED.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-19
Waiver of right of respondents Eagle Logistics, et al. to respond filed.
2018-11-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 17, 2018)

Attorneys

Eagle Logistics, et al.
Joseph H. DriverCarr Allison, Respondent
Joseph H. DriverCarr Allison, Respondent
Timothy Weakley
Timothy Weakley — Petitioner
Timothy Weakley — Petitioner