No. 20-724

Donovan Middleton, et al. v. Complete Nutrition Franchising, LLC, et al.

Lower Court: Eighth Circuit
Docketed: 2020-11-25
Status: Denied
Type: Paid
Tags: circuit-split civil-procedure dismissal-with-prejudice judicial-discretion motion-to-amend post-judgment-motion rule-12b6 rule-59e standard-of-review
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Should the standard of review in a Rule 59(e) post-judgment motion to amend following a dismissal with prejudice under Rule 12(b)(6) be clarified

Question Presented (OCR Extract)

Question presented: 1. Should this Court clarify the standard of review in a Rule 59(e) post judgment motion to amend following a dismissal with prejudice under Rule 12(b)(6) to address the lack of uniformity among its Circuits? 2. Should this Court clarify the judicial discretion standard for Rule 59(e) post judgment motions to amend following a dismissal with prejudice under Rule 12(b)(6) to emphasize the judicial policy favoring decisions on the merits as reflected in this Court’s precedents and in the spirit of the Federal Rules of Civil Procedure rather than setting procedural traps for litigants which deprive them of their ability to seek remedies for wrongful conduct? i

Docket Entries

2021-02-22
Petition DENIED.
2021-01-13
DISTRIBUTED for Conference of 2/19/2021.
2020-12-28
Brief of respondents Complete Nutrition Franchising, LLC, et al. in opposition filed.
2020-11-18
Petition for a writ of certiorari filed. (Response due December 28, 2020)

Attorneys

Complete Nutrition Franchising, LLC, et al.
Hal R. MorrisSaul Ewing Arnstein & Lehr, Respondent
Hal R. MorrisSaul Ewing Arnstein & Lehr, Respondent
Donovan Middleton, et al.
Jonathan E. FortmanLaw Office of Jonathan E. Fortman LLC, Petitioner
Jonathan E. FortmanLaw Office of Jonathan E. Fortman LLC, Petitioner