No. 23-5603

Gilbert Edwin v. Clean Harbors Environmental Services Inc.

Lower Court: Fifth Circuit
Docketed: 2023-09-15
Status: Denied
Type: IFP
IFP
Tags: circuit-split civil-procedure hostile-work-environment interlocutory-orders law-of-case law-of-the-case racial-discrimination reconsideration rule-54(b) rule-54b time-limitations workers-compensation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-11-17
Question Presented (AI Summary)

Whether the law of the case doctrine precludes a successor judge's reconsideration of prior interlocutory orders absent some altered circumstance, and whether a motion for a Rule 54(b) order filed more than thirty days after the entry of the adjudication is an abuse of discretion

Question Presented (OCR Extract)

QUESTIONS PRESENTED This appeal presents this Court with an opportunity to resolve an conflict in the Circuits concerning the construction of Fed.R.Civ.P. 54(b), namely whether the law of the case doctrine precludes a successor judge’s reconsideration of prior interlocutory orders absent some altered . circumstance making the basis of that decision inapplicable, and whether, as held by the Seventh Circuit in contrast to other Circuits, it is an abuse of discretion for a district judge to grant a motion for a Rule 54(b) order when the motion is filed more than thirty days after the entry of the adjudication to which it relates. The case also presents the issue of whether there questions of fact as to whether the Respondent discriminated against Petitioner because of his race, fostered a hostile work environment, retaliated against him both for his reporting of the racial harassment and also for taking workers’ compensation.

Docket Entries

2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2023)

Attorneys

Gilbert Edwin
Gilbert Edwin — Petitioner