| 25-450 |
Paul W. Parker, as Personal Representative of the Estate of Curtis John Rookaird v. BNSF Railway Company, a Delaware Corporation |
Ninth Circuit |
2025-10-15 |
Denied |
Response Waived |
adverse-employment burden-shifting clear-and-convincing-evidence personnel-action protected-conduct whistleblower-protection |
Whether AIR 21's affirmative defense is satisfied where an employer proves protected activity played only a limited role along with non-protected cond… |
| 25A162 |
Paul W. Parker, as Personal Representative of the Estate of Curtis John Rookaird v. BNSF Railway Company, a Delaware Corporation |
Ninth Circuit |
2025-08-06 |
Presumed Complete |
|
affirmative-defense burden-shifting clear-and-convincing-evidence de-novo-review federal-railroad-safety-act protected-activity |
Whether a district court's determination of an employer's affirmative defense under the Federal Railroad Safety Act involves a mixed question of law a… |
| 23-7287 |
Khan Mohammed v. United States |
District of Columbia |
2024-04-24 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-conflict clear-and-convincing-evidence law-of-case-doctrine law-of-the-case-doctrine preponderance-of-the-evidence preponderance-standard sentencing-enhancement united-states-v-watts |
Whether the Government may be required to prove the factual basis for a sentencing enhancement by clear and convincing evidence |
| 23-783 |
Darren Kossen v. Asia Pacific Airlines, et al. |
Ninth Circuit |
2024-01-18 |
Denied |
Response Waived |
administrative-hearing air-21-statute burden-of-proof burdens-of-proof circumstantial-evidence clear-and-convincing-evidence legal-standard prima-facie res-judicata whistleblower-protection |
Did the ALJ, ARB and the 9th Circuit turn on its head AIR 21 law on burdens of proof? |
| 23-6224 |
Terry Daum v. Joseph Corey, Superintendent, Auburn Correctional Facility |
Second Circuit |
2023-12-11 |
Denied |
Response WaivedIFP |
28-usc-2244 appellate-procedure brady-v-maryland certificate-of-appealability clear-and-convincing-evidence federal-statute gatekeeping-standard habeas-corpus reasonable-probability sawyer-v-whitley |
Does the 'reasonable probability' standard, established in Brady v. Maryland, conflict with the 'clear and convincing evidence' criteria, defined unde… |
| 23-6215 |
D. E. v. Russell County Department of Human Resources |
Alabama |
2023-12-11 |
Denied |
Relisted (2)IFP |
biological-parent child-custody clear-and-convincing-evidence dependency-proceedings due-process ore-tenus-rule parental-rights substantive-due-process |
Whether the State violates the Due Process Clause when it assumes initial custody of a child from an involved biological parent utilizing dependency p… |
| 23-217 |
E.M.D. Sales, Inc., et al. v. Faustino Sanchez Carrera, et al. |
Fourth Circuit |
2023-09-08 |
Judgment Issued |
CVSGAmici (9)Response RequestedResponse WaivedRelisted (5) |
burden-of-proof circuit-split clear-and-convincing-evidence employment-law fair-labor-standards-act flsa-exemptions overtime-pay preponderance-of-evidence wage-exemption |
Whether the burden of proof that employers must satisfy to demonstrate the applicability of an FLSA exemption is a mere preponderance of the evidence … |
| 23-5535 |
Michael Rocky Lane v. United States |
Ninth Circuit |
2023-09-06 |
Denied |
Response WaivedIFP |
brady-claim brady-rule circuit-split clear-and-convincing-evidence criminal-procedure due-process evidence-standard federal-jurisdiction federal-law habeas-corpus statutory-interpretation |
Whether the circuit courts have decided an important question of federal law that should be definitively settled by this court? |
| 22-763 |
Ganiyu Ayinla Jaiyeola v. Toyota Motor Corporation, et al. |
Sixth Circuit |
2023-02-14 |
Denied |
Response Waived |
civil-procedure clear-and-convincing-evidence cross-examination due-process evidence fraud-on-the-court judicial-procedure rule-of-law sanctions |
Whether the Sixth Circuit panel's decision to affirm the District Court decision that was based on the application of the wrong legal test constituted… |
| 22-569 |
In Re Christopher Dunn |
|
2022-12-20 |
Denied |
Response RequestedRelisted (2) |
actual-innocence clear-and-convincing-evidence constitutional-rights cruel-and-unusual-punishment due-process freestanding-actual-innocence habeas-corpus lincoln-v-cassady missouri post-conviction-relief |
Does innocence matter? |
| 22-544 |
Innovation Sciences, LLC v. Amazon.com, Inc., et al. |
Federal Circuit |
2022-12-14 |
Denied |
Response Waived |
35-usc-102 anticipation anticipatory-reference clear-and-convincing clear-and-convincing-evidence invention patent patent-infringement patent-invalidity prior-art |
Whether an inference that a device that could have existed before the invention thereof by an inventor is properly treated as an anticipatory referenc… |
| 22-5114 |
Jasmaine H. v. Arizona Department of Child Safety, et al. |
Arizona |
2022-07-15 |
Denied |
IFP |
child-welfare civil-rights clear-and-convincing-evidence due-process fair-trial family-law fourteenth-amendment parental-rights |
Did the Arizona Department of Child Safety violate Mother's Fourteenth Amendment right to Due Process and deprive her of her fundamental right to pare… |
| 22-5093 |
Jerry Leon Haliburton v. Florida |
Florida |
2022-07-13 |
Denied |
IFP |
burden-of-proof capital-punishment clear-and-convincing-evidence death-penalty eighth-amendment fourteenth-amendment intellectual-disability state-law |
Whether the Eighth and Fourteenth Amendments permit States to impose on a capital defendant the burden of proving intellectual disability by clear and… |
| 21-6182 |
Erick Argueta Larios v. United States |
First Circuit |
2021-11-04 |
Denied |
Response WaivedIFP |
clear-and-convincing-evidence criminal-procedure due-process federal-district-court relevant-conduct sentencing sentencing-enhancement |
Whether a federal district court may use relevant conduct not proven by clear and convincing evidence to disproportionately raise a defendant's senten… |
| 21-6108 |
Paradise L. v. Arizona Department of Child Safety, et al. |
Arizona |
2021-10-27 |
Denied |
Response WaivedIFP |
attorney-general clear-and-convincing-evidence constitutional-rights due-process evidence-standard fourteenth-amendment parental-rights termination-of-rights witness-exclusion |
Whether the termination of mother's parental rights was supported by clear and convincing evidence as required by the due process clause |
| 21-32 |
Elizabeth C. v. Los Angeles County Department of Children and Family Services |
California |
2021-07-09 |
Denied |
|
child-custody clear-and-convincing-evidence due-process fourteenth-amendment parental-rights santosky-v-kramer state-intervention termination-of-parental-rights |
Whether the Fourteenth Amendment due process requirement articulated in Santosky v Kramer requires a finding of parental unfitness by clear and convin… |
| 20-8400 |
Daryl Wendell Barley v. United States |
Fourth Circuit |
2021-06-24 |
Denied |
Response WaivedIFP |
clear-and-convincing-evidence criminal-procedure effective-assistance-of-counsel evidence-standard first-step-act preponderance-of-evidence relevant-conduct sec-404 sentencing-reduction sixth-amendment |
Whether the 'clear and convincing evidence standard' should be used instead of the 'preponderance of evidence standard' when determining the relevant … |
| 20-1291 |
WPEM, LLC v. SOTI Inc. |
Federal Circuit |
2021-03-17 |
Denied |
|
35-usc-282 35-usc-285 clear-and-convincing-evidence district-court-discretion exceptional-case patent-law patent-validity prior-art |
Does a patent's presumption of validity afforded by 35 U.S.C. §282 limit a district court's discretion to find a case exceptional under 35 U.S.C. §285… |
| 19-958 |
Bahar Mikhak v. University of Phoenix, Inc. |
Ninth Circuit |
2020-01-30 |
Denied |
Response Waived |
clear-and-convincing-evidence counsel-negligence dismissal-with-prejudice fraud-on-court fraud-on-the-court frcp-60(b)(3) frcp-60b new-trial pro-se-litigant procedural-due-process |
Was the Ninth Circuit's holding wrong for departing from its own precedent and creating a conflict with other circuits over the application of the 'cl… |
| 19-896 |
Tae D. Johnson, Acting Director of U.S. Immigration and Customs Enforcement, et al. v. Antonio Arteaga-Martinez |
Third Circuit |
2020-01-21 |
Judgment Issued |
Relisted (3) |
administrative-law bond-hearing clear-and-convincing-evidence due-process flight-risk immigration-detention immigration-law statutory-interpretation |
Whether an alien who is detained under 8 U.S.C. 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government … |
| 19-853 |
Sandra R., et al. v. Arizona Department of Child Safety |
Arizona |
2020-01-06 |
Denied |
Response Waived |
child-custody clear-and-convincing-evidence constitutional-standard due-process family-law parental-rights state-action state-intervention termination |
Whether the Due Process Clause requires a State to allege and prove a parent's unfitness by clear and convincing evidence to terminate parental rights |
| 19-6959 |
Jasmine F. v. Department of Child Safety, et al. |
Arizona |
2019-12-16 |
Denied |
IFP |
civil-procedure clear-and-convincing-evidence constitutional-deficiency court-appointed-counsel due-process fourteenth-amendment parental-rights termination-of-parental-rights |
Whether the State of Arizona failed to terminate mother's parental rights by at least clear & convincing evidence as required by the due process claus… |
| 19-445 |
Neology, Inc. v. International Trade Commission, et al. |
Federal Circuit |
2019-10-03 |
Denied |
Response Waived |
clear-and-convincing-evidence due-process federal-circuit filing-date notice patent patent-claim patent-validity procedural-due-process validity written-description |
Whether a patent can be invalidated without notifying the patent owner about the specific invalidity challenge and giving the patent owner an opportun… |
| 18-8939 |
Daisy T. v. Arizona Department of Child Safety, et al. |
Arizona |
2019-04-22 |
Denied |
Response WaivedIFP |
best-interests best-interests-of-the-child child-welfare clear-and-convincing-evidence due-process family-law fourteenth-amendment parental-rights termination-of-parental-rights |
Whether the State of Arizona failed to terminate mother's parental rights by at least clear & convincing evidence as required by the due process claus… |
| 18-1133 |
Henry J. Langer, et ux. v. Commissioner of Internal Revenue |
Eighth Circuit |
2019-03-01 |
Denied |
Response Waived |
8th-circuit burden-of-proof civil-procedure clear-and-convincing-evidence penalty-assessment tax-court tax-court-review tax-evasion tax-fraud tax-liability tax-penalties |
Whether the IRS has proved by clear and convincing evidence that Henry J. Langer and Patricia K. Langer are liable for fraud penalties for tax years 2… |
| 18-7375 |
Wayne Nicolaison v. County of Hennepin, Minnesota |
Eighth Circuit |
2019-01-11 |
Denied |
Response WaivedIFP |
civil-commitment civil-rights clear-and-convincing-evidence constitutional-violation due-process foucha-standard foucha-v-louisiana indefinite-commitment presumption-of-innocence section-1983 |
Is the 'Petitioner' entitled to [a] defense of [the] 'presumption of innocence' upon a State's assertion of 'future dangerous behavior' by purely mere… |
| 18-7301 |
J. C. v. Texas Department of Family and Protective Services |
Texas |
2019-01-09 |
Denied |
IFP |
appellate-review clear-and-convincing-evidence constitutional-standard due-process equal-protection parental-rights standard-of-review |
Whether the Fourteenth Court of Appeals erred by employing an unconstitutional standard of review that violated the petitioner's due process rights |
| 18-6585 |
Raymond Alfred Gagnon v. United States |
Fifth Circuit |
2018-11-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion certificate-of-appeal civil-rights clear-and-convincing-evidence due-process fraud-on-the-court gonzalez-v-crosby habeas habeas-corpus prosecutorial-fraud rule-60 rule-60-motion second-or-successive-habeas-petition standing |
Whether the Appellate Court properly resolved the District Court's abuse of discretion |
| 18-5943 |
Linh Thi Minh Tran v. Kathy Hung Pham, et al. |
Oregon |
2018-09-12 |
Denied |
IFP |
attorney-fees civil-rights clear-and-convincing-evidence costs-and-fees due-process elder-care guardianship guardianship-petition medical-decision-making mental-health standing trial-court-error |
Did the trial court err in dismissing the guardianship petition with prejudice? |
| 18-322 |
Steven A. Miner v. Illinois Attorney Registration and Disciplinary Commission |
Illinois |
2018-09-12 |
Denied |
|
attorney-disciplinary-proceedings attorney-discipline burden-of-proof clear-and-convincing-evidence due-process due-process-clause first-amendment misappropriation personal-relationships private-relationships professional-misconduct |
Whether the burden of proof was improperly shifted to the attorney, in violation of the Due Process Clause, by finding dishonesty based on lack of rec… |
| 18-248 |
Mohamed Idris Ahmed v. United States |
Sixth Circuit |
2018-08-28 |
Denied |
Response Waived |
and whether the government must prove by clear an 8-usc-1451-a citizenship-revocation clear-and-convincing-evidence evidence-requirement evidence-standard Kungys-v-United-States legal-standard legal-test maslenjak-v-united-states naturalization-citizenship naturalization-process procurement procurement-element procurement-standard willful-concealment |
Whether the plurality decision in Kungys v. United States has caused confusion and varied interpretations by lower courts |
| 18-207 |
George Duggan v. Department of Defense |
Ninth Circuit |
2018-08-16 |
Denied |
Response Waived |
affirmative-defense agency-burden clear-and-convincing-evidence federal-circuit personnel-actions prima-facie prima-facie-retaliation protected-disclosures retaliation whistleblower-protection whistleblower-protection-enhancement-act |
Whether after a prima facie retaliation for whistleblowing has been found under the Whistleblower Protection Enhancement Act of 2012, does the Agency'… |