Conference: 2023-10-13

47 cases — 0 granted, 47 denied/dismissed, 0 pending

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Case Title Lower Court Status Flags Tags Question Presented
22-1025 Sylvia Gonzalez v. Edward Trevino, II, et al. Fifth Circuit Judgment Issued Amici (23)Response RequestedResponse WaivedRelisted (4) arrest circuit-split civil-rights first-amendment free-speech government-record probable-cause qualified-immunity retaliation retaliatory-arrest standing Whether the Nieves probable cause exception can be satisfied by objective evidence other than specific examples of arrests that never happened
22-1079 Truck Insurance Exchange v. Kaiser Gypsum Company, Inc., et al. Fourth Circuit Judgment Issued Amici (8)Response RequestedRelisted (3) asbestos-claims bankruptcy bankruptcy-code chapter-11 claims-objection fraud-prevention insurance-neutrality insurer-standing party-in-interest Whether an insurer with financial responsibility for a bankruptcy claim is a 'party in interest' that may object to a Chapter 11 plan of reorganizatio…
22-1148 North Carolina Farm Bureau Federation, Inc. v. People for the Ethical Treatment of Animals, Inc., et al. Fourth Circuit Denied Response RequestedResponse WaivedRelisted (4) breach-of-loyalty content-neutral-statute first-amendment newsgathering private-property-rights property-rights trespass Whether a worker planted in a business to collect information for their true employer, and who does so in nonpublic areas of the business, is immunize…
22-1150 Josh Stein, Attorney General of North Carolina, et al. v. People for the Ethical Treatment of Animals, Inc., et al. Fourth Circuit Denied Amici (1)Response RequestedResponse WaivedRelisted (4) civil-procedure civil-rights due-process duty-of-loyalty employee-rights employment-law first-amendment free-speech newsgathering property-protection standing tort-law Whether the First Amendment prohibits applying state tort law against double-agent employees who gather information, including by secretly recording, …
22-529 Alex Cantero, et al., Individually and on Behalf of All Others Similarly Situated v. Bank of America, N.A. Second Circuit Judgment Issued CVSGAmici (13)Response RequestedResponse WaivedRelisted (4) banking-regulation consumer-protection escrow-accounts interest-rates mortgage-lending national-bank-act preemption state-law state-law-preemption Does the National Bank Act preempt the application of state escrow-interest laws to national banks?
22-7186 Daniel Ray Mann v. Doug Clark, Warden, et al. Eighth Circuit Denied Response WaivedRelisted (2)IFP appellate-review civil-rights constitutional-rights criminal-procedure due-process expert-testimony plain-error plain-error-review procedural-default prosecutorial-misconduct vouching Whether the state court's admission of 'vouching' testimony from a police officer expert witness violated the defendant's due process rights under the…
22-7629 Jose Luis Nunez v. United States Ninth Circuit Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP circuit-split exigent-circumstances fourth-amendment inevitable-discovery probable-cause protective-sweep search-and-seizure warrant-requirement warrantless-search Whether police may enter and perform a 'protective sweep' of a home not proximate to an arrest scene and when they lack affirmative information sugges…
23-106 Allan Nowicki, et al. v. Crown Financial Corporation Pennsylvania Denied Response Waived civil-procedure due-process fraud fraud-upon-court judicial-misconduct judicial-recusal legal-procedure recusal standing void-judgment Are the judgments entered in this case void because they were obtained by a fraud upon the court?
23-122 Wilmington Trust, N.A., et al. v. Marlow Henry, on Behalf of the BSC Ventures Holding, Inc. Employee Stock Ownership Plan Third Circuit Denied circuit-split civil-procedure effective-vindication erisa federal-arbitration-act individual-arbitration statutory-interpretation Whether ERISA prohibits individual arbitration of claims
23-134 Suellen Klossner v. IADU Table Mound MHP, LLC, et al. Eighth Circuit Denied Amici (1) alternative-income-sources civil-rights disability disability-rights equal-opportunity fair-housing-act housing-discrimination reasonable-accommodation rent-payment tenant-rights Whether the Fair Housing Act requires landlords to accept rent from alternative sources for tenants who are too disabled to work
23-141 Rowland J. Martin, Jr., Individually and as Administrator to the Estate of Johnnie Mae King v. Bexar County, Texas, et al. Federal Circuit Denied Response Waived appellate-jurisdiction civil-procedure federal-circuit jurisdiction patent patent-jurisdiction remand removal removal-action statute-of-limitations subject-matter-jurisdiction Whether a removal action supported by 28 USC 1338 and 1454 is justiciable by way of a district court order of remand issued pursuant to 28 USC 1447?
23-148 SR Construction, Inc. v. RE Palm Springs II, LLC, et al. Fifth Circuit Denied Response Waived adverse-claims bankruptcy-code-363(m) bankruptcy-estate bankruptcy-sale foreclosure good-faith good-faith-purchaser section-363(m) superior-lien Whether a purchaser with notice of adverse claims that the property is not part of the bankruptcy estate and is subject to foreclosure based on a supe…
23-150 Ronald Preston Harper v. North Carolina North Carolina Denied civil-rights due-process first-amendment free-speech freedom-of-speech objective-reasonableness police-conduct swatting Is it illegal to criticize police in North Carolina?
23-151 Richard Rynn, et al. v. UHS of Phoenix, LLC, et al. Arizona Denied Response Waived civil-procedure civil-rights compensation due-process parental-rights standing Can court judgement be entirely untrue, refer to a previous vague judgement in dispute from an ex parte dependency case in violation of due process?
23-153 Richard Rynn, Next Friend and Parent of M. R., a Minor v. David Lujan, Individually and in His Official Capacity as the Director of the Arizona Department of Child Safety, et al. Ninth Circuit Denied Response Waived child-custody civil-rights color-of-law constitutional-rights contract custody due-process judicial-authorization parental-rights Does court err omitting facts, dismissing Defendants that kidnapped child, interfered in legal custody, interfered in parental-rights, with actions-un…
23-164 John Doe v. Judith Rodgers, as Senior Advisor in Division of Practitioner Data Banks, et al. District of Columbia Denied Response Waived administrative-law career-ending-effects civil-rights due-process healthcare-professional-rights medical-credentialing national-practitioner-data-bank npdb-reporting professional-review-action professional-review-actions secretarial-review Whether the Health Care Quality Improvement Act of 1986 (HCQIA) and its mandated adverse 'professional review actions' (Adverse Action Reports (AARs))…
23-182 James W. Tindall v. Department of Labor, Administrative Review Board Eleventh Circuit Denied Response Waived 1st-amendment administrative-procedure article-iii constitutional-review federal-sovereign-immunity first-amendment judicial-power judicial-review sovereign-immunity standing strict-scrutiny us-constitution Whether the doctrine of federal sovereign immunity has any basis in the U.S. Constitution
23-193 Richard Rynn v. First Transit, Inc., et al. Ninth Circuit Denied Response Waived abuse-of-process civil-rights constitutional-rights court-proceedings dismissal due-process employment-retaliation freedom-of-speech judicial-recusal retaliation Should assigned District court judge recuse himself due to conflict of interest?
23-245 ChromaDex, Inc., et al. v. Elysium Health, Inc. Federal Circuit Denied Response Waived alice-mayo-framework alice-v-cls-bank biotechnology federal-circuit inventive-concept mayo-v-prometheus natural-phenomena patent-eligibility Whether the two-step Alice/Mayo framework governs the eligibility of patents allegedly directed to natural phenomena
23-252 United States, ex rel. Michelle Calderon v. Carrington Mortgage Services, LLC Seventh Circuit Denied Response Waived appellate-review causation civil-penalties civil-procedure due-process false-claims-act materiality summary-judgment Did the Appellate Panel erroneously uphold the granting of summary judgment in favor of Respondent in finding no evidence of causation for a jury to c…
23-256 Suleiman Abdu Ibrahim v. Department of the Interior Fifth Circuit Denied Response Waived administrative-law administrative-procedure agency-action civil-procedure civil-rights due-process employment-discrimination federal-employee-rights federal-employees summary-judgment title-vii Whether federal employees' rights are determined under statutes that require all personnel actions affecting employees or applicants to be made free f…
23-287 Vernon Healthcare Center, LLC, et al. v. Debra Ann Blackmon, By and Through Her Guardian ad Litem, Latasha Bracks Ninth Circuit Denied Response Waived circuit-split complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency willful-misconduct Does the PREP Act completely preempt state-law claims against a covered person relating to the administration or use of a covered countermeasure, such…
23-289 Marshall B. Lloyd, et al. v. Ford Motor Company Sixth Circuit Denied Response Waived consumer-protection deceptive-advertising energy-policy-and-conservation-act epa-regulations epca-regulations fuel-economy implied-preemption preemption state-enforcement Are state deceptive advertising statutes impliedly preempted when the EPCA expressly permits state laws with requirements identical to those under the…
23-5335 Young Bok Song v. Tony Parker, et al. Sixth Circuit Dismissed IFP civil-procedure civil-rights claim-interpretation constitutional-rights court-of-appeals district-court due-process section-1983 standing tax-fraud Whether the TN U.S. District Court and U.S. Court of Appeals are incorrect in reading Scholl v. Mnuchi
23-5341 Regina Nachael Howell Foster v. Areya Holder Aurzada, et al. Fifth Circuit Denied IFP bankruptcy bankruptcy-jurisdiction barton-doctrine civil-procedure civil-rights due-process removal removal-procedure standing statutory-interpretation subject-matter-jurisdiction Does the 5th Circuit Court of Appeals' memorandum opinion directly conflict with an opinion by other Circuit Court of Appeals and the Supreme Court?
23-5347 Edward Lynn Russell v. Texas, et al. Fifth Circuit Denied IFP civil-rights constitutional-rights due-process illegible-text indecipherable-text standing takings texas-health-and-safety-code unclear-petition unreadable-document Does Section 311 of the Texas Health and Safety Code violate the Constitution by imposing sanctions to protect constitutional rights?
23-5349 Elbert Johnson v. Florida Florida Denied IFP conflict-of-interest due-process illegal-sentence judicial-bias judicial-conflict legal-error manifest-injustice sentencing trial-court witness-testimony Whether a circuit court judge's dual role as a witness and sentencer in the same case creates a conflict and reversible error when the judge imposes a…
23-5352 Cassandra McGuire v. Highmark Holdings, et al. Sixth Circuit Denied IFP abuse-of-discretion civil-procedure court-discretion default-judgment federal-rules federal-rules-of-civil-procedure procedural-rules stare-decisis summary-judgment Did the courts properly apply default judgment rules when the defendant failed to respond in a timely manner?
23-5354 D'Ann S. McCoy v. Boureima Ouedraogo Pennsylvania Denied IFP chief-clerk clerk-authority court-administration eastern-district-of-pennsylvania judicial-authority judicial-duties judicial-ethics legal-procedure procedural-irregularity separation-of-powers supreme-court Is it lawful for a chief clerk of the Supreme Court of the Eastern District of Pennsylvania to act and perform judicial duties as a judge such as sign…
23-5355 Johnny Lee Warren v. Chris Nanos, Sheriff, Pima County, Arizona, et al. Ninth Circuit Denied IFP civil-procedure civil-rights constitutional-law constitutional-provisions due-process equal-protection jurisdictional-issue legal-petition procedural-review standing supreme-court writ-of-certiorari Did the district court err in dismissing the petitioner's claims under the Due Process Clause of the 5th Amendment and the Equal Protection Clause of …
23-5370 Charles Alan Dyer v. Oklahoma Oklahoma Denied IFP access-to-courts civil-rights due-process legal-research lewis-v-casey post-conviction-appeal pro-se-prisoner procedural-bar procedural-bars Whether a state can place procedural bars on a pro se prisoner's initial post-conviction appeal after denying the prisoner access to legal research fa…
23-5372 Larry David Davis v. Amy Jackson Douglas, et al. Eighth Circuit Dismissed IFP civil-rights constitutional-provisions criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel legal-jurisdiction police-misconduct statutory-interpretation trial-procedure whether-a-public-defender-has-an-ethical-duty-to-investigate-and-challenge-the-prosecution's-case
23-5373 Ronald Barnett v. Florida Florida Denied IFP constitutional-rights due-process ex-post-facto judicial-jurisdiction jurisdiction separation-of-powers sexual-predator statute-of-limitations Whether the Third District Court of Appeal and Florida Supreme Court violated the laws governing the separation of power by creating an unwritten ex p…
23-5376 Enrique J. Diaz, et ux. v. Nationstar Mortgage, LLC, dba Mr. Cooper Eleventh Circuit Denied IFP administrative-law circuit-court civil-rights due-process equal-protection first-impression fundamental-fairness legal-review prisoner-rights standing statutory-interpretation Whether the lower court erred in its interpretation and application of the relevant constitutional and statutory provisions
23-5380 Gary Leon Webster v. Doe, Sheriff, Department Head, Craighead County Eighth Circuit Denied IFP appeals civil-rights due-process intervention jurisdiction standing Whether the U.S. Court of Appeals for the Eleventh Circuit erred in dismissing petitioners' challenge to the Eleventh Circuit's order denying their mo…
23-5387 James Frank Noel, Jr. v. Indiana Metro Police Department, et al. Seventh Circuit Denied Response WaivedIFP constitutional-law criminal-procedure due-process federal-jurisdiction sentencing statutory-interpretation Whether the Petitioner's convictions for a sentencing enhancement under 18 U.S.C. § 924(c) are unconstitutional
23-5399 Milton Melvin Rodgers v. California California Denied IFP civil-rights constitutional-law constitutional-provisions court-procedure criminal-procedure due-process evidence jurisdictional-issue legal-writ search-and-seizure statutory-provisions Whether the trial court erred by admitting evidence taken in violation of the Fourth Amendment and the Fourteenth Amendment to the United States Const…
23-5400 Nathan Leon Branham v. Michigan Michigan Denied IFP compulsory-process curriculum-vitae defense-expert due-process expert-witness fourteenth-amendment right-to-present-defense sixth-amendment When can a defense expert be excluded for failure to timely file curriculum vitae?
23-5423 Andre Monteek Edwards v. Kim Cargor, Warden Sixth Circuit Denied Response WaivedIFP accident accident-defense criminal-procedure ineffective-assistance-of-counsel jury-instructions prejudice prejudice-analysis second-degree-murder self-defense strickland-standard Does a second degree murder conviction preclude a showing of prejudice
23-5591 Patrick Andrew Groves v. United States Fourth Circuit Denied Response WaivedIFP aiding-and-abetting attempted-distribution attempted-transfer controlled-substances controlled-substances-act criminal-law drug-offenses sentencing-guidelines statutory-interpretation surplusage Whether an 'attempted transfer' of drugs, § 802(8), includes any conduct that would also constitute an 'attempted distribution' of drugs, § 846
23-5599 Juan Manuel Amaya-Castaneda v. United States Fifth Circuit Denied Response WaivedIFP almendarez-torres appellate-review criminal-procedure judicial-discretion prior-conviction-exception prior-convictions sentencing sentencing-guidelines sixth-amendment Whether a party may obtain appellate relief when the district court fails to address substantial arguments for a sentence outside the Guideline range
23-5602 Curtis Morris Hartsfield, Jr. v. United States Fourth Circuit Denied Response WaivedRelisted (2)IFP attempted-crime attempted-distribution attempted-transfer circuit-split controlled-substances criminal-law drug-distribution drug-trafficking drug-transfer federal-criminal-law statutory-interpretation Whether an 'attempted transfer' of drugs under 21 U.S.C. § 802(8) includes any conduct that would also constitute an 'attempted distribution' of drugs…
23-5605 Alfred John McDonald v. United States Fifth Circuit Denied Response WaivedIFP criminal-history drug-quantity due-process evidence-standard hemp marijuana procedural-fairness relevant-conduct Whether McDonald's right to due process was violated
23-5616 Isaac Kipkurui Biegon v. United States Fifth Circuit Denied Response WaivedIFP accomplice-testimony confrontation-clause conspiracy-evidence conspiracy-hearsay corroboration corroboration-evidence criminal-procedure due-process hearsay jury-instructions sixth-amendment Whether a preliminary finding of a conspiracy could be based solely on the contested hearsay statement
23-5621 Amado Alvarez-Alvarado v. United States Fifth Circuit Denied Response WaivedIFP constitutional-law constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit judicial-interpretation precedent precedent-overruling sentencing supreme-court supreme-court-review Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
23-5626 Arun Dhavamani v. United States Fourth Circuit Denied Response WaivedIFP appellate-review criminal-procedure criminal-prosecution due-process evidentiary-hearing factual-finding federal-jurisdiction manufactured-jurisdiction sentencing Whether a defendant's right to due process is violated when a Court of Appeals remands a case for additional factfinding after the district court has …
23M27 Jasper Crook v. San Bernardino County Sheriff's Department, et al. Ninth Circuit Presumed Complete None