No. 25-445

E&I Global Energy Services, Inc., et al. v. Liberty Mutual Insurance Company

Lower Court: Eighth Circuit
Docketed: 2025-10-14
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure contract-assignment expert-testimony federal-rules jury-trial seventh-amendment
Key Terms:
Securities Privacy JusticiabilityDoctri Jurisdiction
Latest Conference: 2025-11-07
Question Presented (AI Summary)

Whether the district court violated the Seventh Amendment and Federal Rule of Civil Procedure 39(b) by denying petitioners' timely motion for a jury trial based solely on an inadvertent omission in the original complaint

Question Presented (OCR Extract)

1.W hether the district court violated the Seventh Amendment and Federal Rule of Civil Procedure 39(b) by denying petitioners’ timely motion for a jury trial based solely on an inadvertent omission in the original complaint, notwithstanding this Court’s instr uction that such motions should be liberally granted absent compelling prejudice. 2.Whether the district court erred, and the Eighth Circuit compounded the error, by holding that petitioners failed properly to assign their rights and claims to a sister entity —contradicting common -law principles of assignment and undermining settled expect ations in commercial surety contracts. 3.Whether the courts below misapplied Federal Rules 26 and 37 by excluding petitioners’ supplemental expert opinion as “untimely” even though the opinion was disclosed within weeks of an amended complaint that first alleged fraud in the inducement, and despi te the absence of any prejudice to respondent.

Docket Entries

2025-11-10
Petition DENIED.
2025-10-22
DISTRIBUTED for Conference of 11/7/2025.
2025-10-16
Waiver of right of respondent Liberty Mutual Insurance Company to respond filed.
2025-08-20
Petition for a writ of certiorari filed. (Response due November 13, 2025)

Attorneys

E&I Global Energy Services, Inc., and E&C Global, LLC
William J. SelinskyWhitcomb, Selinsky, PC, Petitioner
William J. SelinskyWhitcomb, Selinsky, PC, Petitioner
Joseph Anthony WhitcombWhitcomb, Selinsky, PC, Petitioner
Joseph Anthony WhitcombWhitcomb, Selinsky, PC, Petitioner
Liberty Mutual Insurance Company
Melissa J. LeeManier & Herod, P.C., Respondent
Melissa J. LeeManier & Herod, P.C., Respondent