No. 20-1316

Daniel Fling v. United States Postal Service, et al.

Lower Court: District of Columbia
Docketed: 2021-03-22
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure civil-rights claim-preclusion constitutional-claim district-court due-process federal-common-law standing statute-of-limitations
Key Terms:
Environmental Arbitration DueProcess
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Does the federal common law of claim preclusion bar a party's due-process claim against the United States Government in a United States district court?

Question Presented (from Petition)

QUESTION PRESENTED Does the federal common law of claim preclusion bar a party’s due-process claim against the United States Government in a United States district court if: (1) a previous and different United States district court barred the individual’s non-constitutional claim on the basis of the applicable statute of limitations and dismissed the complaint without addressing the operative facts of that matter; (2) the facts supporting the constitutional claim occurred prior to the first action, overlap the operative facts of the non-constitutional claim, but are not wholly coincident; and (3) the introduction of evidence and litigation of the operative facts supporting the due-process claim would not be impeded by issue preclusion?

Docket Entries

2021-05-17
Petition DENIED.
2021-04-27
DISTRIBUTED for Conference of 5/13/2021.
2021-04-21
Waiver of right of respondent United States Postal Service, et al. to respond filed.
2021-03-17
Petition for a writ of certiorari filed. (Response due April 21, 2021)

Attorneys

Daniel Fling
Cory Charles KirchertArnall Golden Gregory LLP, Petitioner
Cory Charles KirchertArnall Golden Gregory LLP, Petitioner
United States Postal Service, et al.
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent