| 24-880 |
NexPoint Asset Management, L.P., fka Highland Capital Management Fund Advisors, L.P., et al. v. Highland Capital Management, L.P. |
Fifth Circuit |
2025-02-18 |
Denied |
Response Waived |
circuit-split credibility-determination material-fact non-moving-party self-serving-testimony summary-judgment |
Whether, contrary to the decisions of multiple other circuits that properly preserve the province of the jury to decide genuinely disputed issues of m… |
| 24-827 |
Broadband iTV, Inc. v. Amazon.com, Inc., et al. |
Federal Circuit |
2025-02-04 |
Denied |
|
alice-test claim-construction material-fact patent-eligibility patent-law summary-judgment |
Whether there is a patent-specific exception to Rule 56, such that courts may grant summary judgment of patent ineligibility despite genuine disputes … |
| 24-5945 |
Jodi Rouviere v. Howmedica Osteonics Corporation, dba Stryker Orthopaedics, et al. |
Second Circuit |
2024-11-12 |
Denied |
Response WaivedIFP |
federal-rules-of-evidence jury-consideration material-fact reasonable-diligence seventh-amendment summary-judgment |
Whether the trial court improperly removed the factual inquiry into reasonable diligence and material fact questions from jury consideration in violat… |
| 24-492 |
Marino Scafidi v. Las Vegas Metropolitan Police Department, et al. |
Ninth Circuit |
2024-10-31 |
Denied |
Response Waived |
civil-rights material-fact nonmovant-evidence probable-cause summary-judgment supreme-court-precedent |
Whether the Ninth Circuit violated Supreme Court precedent by improperly weighing evidence and failing to draw justifiable inferences in favor of the … |
| 24-193 |
Yoel Weisshaus v. Steve Coy Teichelman, et al. |
Fifth Circuit |
2024-08-21 |
Denied |
Response Waived |
civil-rights constitutional-rights law-enforcement material-fact qualified-immunity summary-judgment |
Whether an official may move for summary judgment on qualified immunity without a showing that there is no genuine issue as to any material fact? |
| 24-179 |
Eric Katz v. Merrick B. Garland, Attorney General |
Fourth Circuit |
2024-08-21 |
Denied |
Response Waived |
administrative-procedure eeoc-complaint employment-discrimination material-fact reasonable-accommodation rehabilitation-act |
Whether the court erred in upholding the ruling that there was no genuine issue of material fact with regard to Mr. Katz's claims of DOJ violations of… |
| 24-116 |
Daniel A. Madero v. Owen McGuinness |
Seventh Circuit |
2024-08-01 |
Denied |
Response Waived |
appellate-review civil-rights due-process fourth-amendment material-fact probable-cause summary-judgment tolan |
Whether the denial of Mr. Madero's appeal to Respondent's motion for summary judgment was in error, under this Court's ruling in Tolan, as there was a… |
| 24-107 |
Ivan To Man Pang v. Anthony Ye, Citi Realty Services, Financial Manager, et al. |
Second Circuit |
2024-07-31 |
Denied |
|
abuse-of-discretion civil-procedure credibility credibility-challenge evidence-standard genuine-issues-of-material-fact material-fact nonmoving-party summary-judgment |
summary-judgment |
| 23A869 |
Jason Peralta, et al. v. Worthington Industries Inc., et al. |
Ninth Circuit |
2024-03-28 |
Presumed Complete |
|
arizona-law genuine-dispute material-fact negligence products-liability summary-judgment |
Whether the district court's summary judgment in a products liability case was properly granted when the plaintiff failed to raise a genuine dispute o… |
| 22-1165 |
Macquarie Infrastructure Corporation, et al. v. Moab Partners, L.P., et al. |
Second Circuit |
2023-06-01 |
Judgment Issued |
Amici (11)Response Waived |
circuit-split item-303 item-303-disclosure material-fact private-right-of-action sec-regulation-s-k sec-rule-10b-5 section-10b securities-exchange-act securities-exchange-act-1934 |
Whether the Second Circuit erred in holding—in conflict with the Third, Ninth, and Eleventh Circuits— that a failure to make a disclosure required und… |
| 22-917 |
Nayonn Gray v. Autozoners, LLC, et al. |
Sixth Circuit |
2023-03-21 |
Denied |
Response Waived |
42-usc-1981 civil-rights contract contract-services discriminatory-intent material-fact pretext racial-discrimination section-1981 summary-judgment |
Whether summary judgment should be granted when there are genuine issues of material fact as to whether a defendant's refusal to provide services requ… |
| 22-568 |
Jeffrey A. Cochran v. The Penn Mutual Life Insurance Company, et al. |
Eleventh Circuit |
2022-12-20 |
Denied |
Response Waived |
artful-pleading circuit-split class-action federal-preemption material-fact material-facts misrepresentation securities-litigation securities-litigation-uniform-standards-act securities-regulation slusa |
Whether SLUSA bars a state-law class action 'alleging a misrepresentation or omission of a material fact' when the complaint contains no such allegati… |
| 21-7526 |
Adam C. Morris v. Illinois |
Illinois |
2022-04-01 |
Denied |
IFP |
criminal-procedure due-process firearm-enhancement interrogatory-issue jury-instructions material-fact material-facts right-to-jury-trial sentencing-enhancement sentencing-procedure verdict-control |
Did the court err in considering the argument that the separate interrogatory is an issue of material fact and that the jury had no knowledge of infor… |
| 21-1070 |
Gabriela Gonzalez v. Harvey Roney, et al. |
Arizona |
2022-02-02 |
Denied |
Response Waived |
administrative-law appellate-review civil-procedure civil-rights court-findings due-diligence due-process judicial-error material-fact procedural-default standing |
Whether the Arizona Appellate Court erred in its findings regarding material facts, procedural default, due diligence, and the possibility of a cure b… |
| 21-1020 |
Janet Tingling v. Educational Credit Management Corporation, et al. |
Second Circuit |
2022-01-19 |
Denied |
Response Waived |
altered-documents business-records civil-procedure due-process evidence-admissibility genuine-issue loan-documents material-fact pro-se-litigation student-loans summary-judgment |
Whether the Court of Appeals position was inconsistent with the standards outlined in Rule 56(e) |
| 21-787 |
Gina Russomanno v. Dan Dugan, et al. |
Third Circuit |
2021-11-29 |
Denied |
Relisted (2) |
civil-rights discrimination discrimination-claims due-process material-fact new-evidence res-judicata same-claim-preclusion standing title-vii |
Whether the Supreme Court will consider the merits of the decision of the U.S. Court of Appeals for the Third District, pursuant to res-judicata, barr… |
| 21-544 |
Joshua O. Thomas v. Farmers Insurance Exchange |
Tenth Circuit |
2021-10-13 |
Denied |
Response Waived |
appellate-review burden-of-proof civil-procedure genuine-issue-of-material-fact inference-standard judicial-precedent material-fact standard-of-review summary-judgment |
Whether the district court and court of appeals have effectively abrogated this Court's binding precedent for reviewing a motion for summary judgment |
| 21-434 |
Mary E. Canning v. Creighton University |
Eighth Circuit |
2021-09-21 |
Denied |
|
circuit-split civil-procedure civil-rights discrimination eighth-circuit jury-consideration material-fact material-facts retaliation standard-of-review summary-judgment |
Whether the Eighth Circuit improperly borrowed part of the standard in FRCP 50 to review a summary judgment under FRCP 56 |
| 21-423 |
Jason Cunningham, Individually and as Administrator ad Litem and Personal Representative of the Estate of Nancy Jane Lewellyn, Deceased v. Robert Paschal, et al. |
Sixth Circuit |
2021-09-20 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
civil-rights due-process excessive-force material-fact qualified-immunity summary-judgment tolan-v-cotton use-of-force |
Does the ruling in this case violate Rule 56 and Supreme Court precedent? |
| 21-156 |
American Contractors Supply, LLC v. HD Supply Construction Supply, Ltd. |
Eleventh Circuit |
2021-08-04 |
Denied |
|
antitrust antitrust-law civil-procedure evidence-weighing federal-rules federal-rules-of-civil-procedure jury-trial material-fact summary-judgment |
Does Federal Rule of Civil Procedure 56 permit the court to weigh competing evidence of a material fact from the moving party to grant summary judgmen… |
| 20-6828 |
Mwenda Murithi v. Bryan Gleckler, et al. |
Seventh Circuit |
2021-01-14 |
Denied |
Response WaivedIFP |
ANOER-Son-v.-LIBERTY-LOBBY civil-procedure credibility-determinations deposition-testimony district-court due-process federal-rules material-fact summary-judgment venue |
Whether the district court and the Seventh Circuit Court of Appeals superseded this Court's ruling in ANOER Son v. LIBERTY LOBBY, INC., 477 U.S. 242, … |
| 20-924 |
David G. Bowser v. United States |
District of Columbia |
2021-01-11 |
Denied |
Response Waived |
18-usc-1001 criminal-concealment dismissal-with-prejudice false-statement federal-rules-criminal-procedure federal-rules-of-criminal-procedure judgment-of-acquittal legal-duty material-fact motion-for-judgment-of-acquittal |
Whether a legal duty to disclose can be created by coupling a voluntary request for information with a false statement proscription |
| 20-875 |
Sok Kong, Trustee for Next of Kin of Map Kong, Decedent v. City of Burnsville, Minnesota, et al. |
Eighth Circuit |
2020-12-31 |
Denied |
Amici (4)Response RequestedResponse WaivedRelisted (2) |
appellate-review circuit-split district-court genuine-issue-of-material-fact interlocutory-appeal material-fact qualified-immunity standard-of-review summary-judgment |
Whether, on interlocutory review of a denial of qualified-immunity, an appellate court may reject a district court's determination of a genuine-issue-… |
| 20-6193 |
Martin L. Harrell v. United States |
Eleventh Circuit |
2020-11-02 |
Denied |
Response WaivedIFP |
criminal-procedure diligence-standard due-process habeas-corpus material-fact mcquiggin mcquiggin-standard new-evidence prosecutorial-misconduct summary-denial |
Whether Evidence Not Presented as the Result of Prosecutorial Misconduct Should Be Considered New Evidence under McQuiggin? |
| 20-500 |
Berlinda A. Madden v. Megan J. Brennan, Postmaster General |
Sixth Circuit |
2020-10-16 |
Denied |
Response Waived |
civil-procedure eeoc-complaint employment-discrimination employment-law evidence material-fact retaliation summary-judgment union-president |
Whether a sworn affidavit of the Union President that company officials acted in retaliation for having filed an EEO complaint is a genuine issue of m… |
| 19-8734 |
In Re Ren Y. Deng |
|
2020-06-17 |
Denied |
Response WaivedIFP |
appellate-procedure civil-procedure district-court genuine-issue jurisdictional-review material-fact material-facts procedural-rule procedural-rules standard-of-review summary-judgment |
Did the district court deviation from procedural rule while there was overwhelming genuine issue of material fact disputed in the record granting the … |
| 19-7173 |
Kenneth Rose v. United States |
Sixth Circuit |
2020-01-06 |
Denied |
Response WaivedRelisted (2)IFP |
address-discrepancy affidavit criminal-procedure fourth-amendment good-faith-exception ineffective-assistance ineffective-assistance-of-counsel material-fact plain-error search-warrant suppression |
Whether appellate counsel was ineffective for failing to raise a plain error of fact material to Leon's third exception, which would have not permitte… |
| 19-6285 |
Linh Thi Minh Tran v. Stan the Hot Water Man |
Oregon |
2019-10-17 |
Dismissed |
IFP |
civil-procedure employer-liability intentional-torts material-fact material-facts property-damage respondeat-superior scope-of-employment summary-judgment tortious-conduct |
Did the trial court err in granting summary judgment when there were disputed issues of material fact? |
| 19-5155 |
William M. Russell v. KS Ventures, LLC |
Montana |
2019-07-15 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-rights court-procedure due-process genuine-issues judicial-review legal-standard material-fact material-facts standing summary-judgment |
Did the findings of the lower courts result in a violation of certain rights of due process? |
| 18-1187 |
Mitchell Miorelli, et al. v. Royal Caribbean Cruise Lines, Ltd. |
Eleventh Circuit |
2019-03-14 |
Denied |
|
admiralty-jurisdiction civil-procedure discovery discovery-limitations discovery-rules disputed-facts due-process equitable-tolling maritime-law material-fact material-facts motion-to-dismiss pre-answer-dismissal summary-judgment |
Whether summary judgment was proper where the respondent Royal Caribbean Cruise Line, LTD. moved to dismiss before filing an answer, no discovery had … |
| 18-8168 |
Billy Long v. Pennsylvania |
Pennsylvania |
2019-02-27 |
Denied |
Response WaivedIFP |
due-process evidentiary-hearing guilty-plea habeas-corpus hearing-requirement ineffective-assistance-of-counsel material-fact plea-bargaining plea-withdrawal post-conviction-relief procedural-error withdrawal-of-plea |
Whether the lower court erred in dismissing the petitioner's amended PCRA petition without a hearing |
| 18-8114 |
Anthony Boyd v. Joe D. Driver, et al. |
Fifth Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
civil-action civil-procedure civil-rights due-process evidence government-transparency legal-standing material-fact standing summary-judgment transparency video-evidence |
Whether Lack Of Transparency Of Video Evidence By The Government, Standing Alone, Creates A Genuine Issue Of Material Fact In A Civil Action? |
| 18-6613 |
Hector R. DeJesus v. Salvador A. Godinez, et al. |
Seventh Circuit |
2018-11-07 |
Denied |
Response WaivedIFP |
admissible-evidence civil-procedure declaration evidence judgment-as-matter-of-law material-fact material-facts motion perjury summary-judgment sworn-declaration |
Did the defendants show there were no material issues in dispute and that they were entitled to judgment as a matter of law? |
| 18-176 |
Conestoga Trust Services, LLC, as Trustee of the Conestoga Settlement Trust, dated May 1, 2010 v. Sun Life Assurance Company of Canada |
Sixth Circuit |
2018-08-09 |
Denied |
|
civil-procedure direct-evidence disinterested-witness evidence judicial-discretion material-fact material-facts nonmovant reasonable-jury reasonable-jury-standard summary-judgment witness-credibility |
Whether a court may weigh and discredit direct evidence from a disinterested witness that would prove a material fact, under the guise of applying the… |