No. 23-419

USIC, LLC v. Northern Illinois Gas Company

Lower Court: Eleventh Circuit
Docketed: 2023-10-19
Status: Denied
Type: Paid
Tags: appeals appellate-review civil-procedure district-court federal-jurisdiction final-order new-argument postjudgment-motion summary-judgment tolling
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2024-01-05
Question Presented (AI Summary)

If a federal court of appeals construes a filing below as a postjudgment motion tolling the time for appeal, does that court have authority to reverse a district court's decision based on an argument that was presented for the first time in the 'postjudgment motion' and was not based on new evidence or a change in law?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. If a federal court of appeals construes a filing below as a postjudgment motion tolling the time for appeal, does that court have authority to reverse a district court’s decision based on an argument that was presented for the first time in the “postjudgment motion” and was not based on new evidence or a change in law? 2. Does a final order exist under 28 U.S.C. § 1291 and Federal Rule of Civil Procedure 58 where the district court grants summary judgment without an accompanying opinion and asks one of the parties to submit a proposed order?

Docket Entries

2024-01-08
Petition DENIED.
2023-12-06
DISTRIBUTED for Conference of 1/5/2024.
2023-12-04
2023-11-20
Brief of respondent Northern Illinois Gas Company in opposition filed.
2023-10-16
Petition for a writ of certiorari filed. (Response due November 20, 2023)

Attorneys

Northern Illinois Gas Company
Gary James TomanWeinberg, Wheeler, Hudgins, Gunn& Dial LLC, Respondent
Gary James TomanWeinberg, Wheeler, Hudgins, Gunn& Dial LLC, Respondent
USIC, LLC
David Bradley HelmsGM Law PC, Petitioner
David Bradley HelmsGM Law PC, Petitioner
Benjamin David MooneyhamGM Law PC, Petitioner
Benjamin David MooneyhamGM Law PC, Petitioner