No. 19-1183

Odyssey Contracting Corp. v. L & L Painting Co., Inc.

Lower Court: Third Circuit
Docketed: 2020-03-30
Status: Denied
Type: Paid
Response Waived
Tags: -appeal-waiver -judicial-interpretation -procedural-waiver -stipulation-rights -third-circuit-ruling #NAME? appeal appeal-right civil-procedure consent-judgment final-judgment standing third-circuit thomsen-v-cayser united-states-v-procter-gamble waiver
Key Terms:
Privacy ClassAction
Latest Conference: 2020-05-21
Question Presented (AI Summary)

Whether a stipulation forfeits the right of appeal from the final judgment

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a stipulation that is not a consent judgment and simply establishes a mechanism under which the district court will resolve certain claims, forfeits the right of appeal from the final judgment where there is no clear and unequivocal waiver of that right in the stipulation itself. 2. Whether the holding of the Third Circuit is contrary to the decisions of this Court in United States v. Procter & Gamble, 356 U.S. 677 (1958) and Thomsen v. Cayser, 243 U.S. 66 (1917), and admittedly contrary to the decisions of the Second, Fifth and Tenth Circuits, as well as an nonprecedential decision of the Sixth Circuit that followed the Fifth Circuit holding. 3. Whether the determination of the Third Circuit should be summarily reversed on authority of United States v. Procter & Gamble, 356 U.S. 677 (1958) and Thomsen v. Cayser, 243 U.S. 66 (1917).

Docket Entries

2020-05-26
Petition DENIED.
2020-05-05
DISTRIBUTED for Conference of 5/21/2020.
2020-04-22
Waiver of right of respondent L & L Painting Co., Inc. to respond filed.
2020-03-24
Petition for a writ of certiorari filed. (Response due April 29, 2020)

Attorneys

L & L Painting Co., Inc.
Allen J. RossDuane Morris, LLP, Respondent
Allen J. RossDuane Morris, LLP, Respondent
Odyssey Contracting Corp.
Chris GeorgoulisGeorgoulis PLLC, Petitioner
Chris GeorgoulisGeorgoulis PLLC, Petitioner