| 23-574 |
Traxcell Technologies, LLC v. Sprint Communications Company LP, et al. |
Federal Circuit |
2023-11-28 |
Denied |
Response Waived |
35-usc-285 attorney-fees attorneys-fees claim-baselessness exceptional-case final-ruling litigation-conduct magistrate-ruling patent-infringement |
Where petitioner's patent infringement claims were not finally rejected until the district court judge approved the Magistrate Judge's ruling disposin… |
| 21-1359 |
Robert Corliss v. Crossroads Financing, LLC, et al. |
California |
2022-04-19 |
Denied |
Response Waived |
arbitration arbitration-waiver california-state-court contract-law contractual-rights court-inconsistency equal-treatment equal-treatment-principle litigation-conduct prejudice prejudice-standard waiver |
Whether prejudice is required to prove waiver of arbitration rights |
| 21-1028 |
International Energy Ventures Management, L.L.C. v. United Energy Group, Ltd. |
Fifth Circuit |
2022-01-20 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
appellate-review arbitration arbitration-waiver circuit-split civil-procedure clear-error-standard deference fact-finding federal-rules-of-civil-procedure litigation-conduct rule-52a standard-of-review |
Whether prejudice is part of the test for litigation conduct waiver in the context of an arbitration clause |
| 21-328 |
Robyn Morgan v. Sundance, Inc. |
Eighth Circuit |
2021-09-01 |
Judgment Issued |
Amici (10)Relisted (2) |
arbitration arbitration-waiver circuit-split contract-law equal-treatment equal-treatment-principle federal-courts litigation-conduct prejudice prejudice-requirement state-courts waiver |
Does the arbitration-specific requirement that the proponent of a contractual waiver defense prove prejudice violate this Court's instruction that low… |
| 18-1588 |
Norma L. Cooke v. Jackson National Life Insurance Company |
Seventh Circuit |
2019-06-27 |
Denied |
|
appellate-jurisdiction appellate-review civil-procedure civil-procedure-fees civil-rights district-court-award due-process federal-rules-of-procedure federal-rules-procedure fee-award insurance judicial-bias judicial-discretion litigation-conduct sanctions seventh-circuit state-insurance-law state-law unreasonable-litigation-conduct |
Where the district court awarded fees to Petitioner under state insurance law for Respondent's unreasonable litigation conduct, did the Seventh Circui… |
| 18-1479 |
Jason P. Stinson v. United States |
Eleventh Circuit |
2019-05-28 |
Denied |
Response Waived |
26-usc-7402 burden-of-proof disgorge disgorgement due-process due-process,tax-preparation,26-usc-7402,permanent- evidence injunction internal-revenue-code litigation-conduct permanent-injunction tax-preparation tax-preparer |
Whether issuing a permanent injunction and an order to disgorge $949,000 against the owner of a tax preparation business under 26 U.S.C. § 7402 violat… |
| 18-1246 |
BNSF Railway Company, et al. v. Montana Eighth Judicial District Court, Cascade County, et al. |
Montana |
2019-03-26 |
Dismissed |
Amici (2) |
bad-faith bad-faith-claims federal-framework federal-preemption fela fela-preemption litigation-conduct railroad-liability self-insured-employer state-law-liability |
Whether FELA preempts bad-faith claims under Montana law that seek to impose state-law liability based on the litigation conduct of a self-insured emp… |
| 18-6872 |
Seifullah Abdul-Salaam v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2018-11-29 |
Denied |
Response WaivedIFP |
aedpa brady-rule brady-v-maryland brady-violation certificate-of-appealability due-process exculpatory-evidence exhaustion-of-remedies habeas-corpus habeas-corpus-review litigation-conduct nonexhaustion-defense state-post-conviction suppression-of-evidence |
Can a nonexhaustion defense be deemed expressly waived based on a party's litigation conduct? |
| 18-572 |
Dorsey Ron McCall v. Aptim Corporation |
Fifth Circuit |
2018-11-01 |
Dismissed |
|
abstention arbitration-waiver circuit-split civil-procedure federal-court-abstention federal-courts federal-state-jurisdiction forum-shopping litigation-conduct prejudice state-court-proceedings |
Must a party opposing arbitration on the ground of waiver by litigation conduct prove that it was prejudiced by the other party's waiver? |