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U1IT4less, Inc., dba NYBikerGear v. FedEx Corporation, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 16-533-cv · judgment September 18, 2017

Certiorari denied · April 16, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a dissent in the court below (flagged in the petition), and a business petitioner, and down for a business respondent.

Questions presented

  1. Do the canons of statutory construction permit a court to re-cast the unambiguous language of 49 U.S.C. 13708(b) to allow the presentation of a fraudulent and misleading overcharge to a shipper so long as the total amount of that overcharge is accurately revealed on the face of the shipping invoice?

  2. Are parties to an action bound to consistent truth before all courts or are they permitted to represent and testify to the same essential facts in diametrically opposed ways in order to suit the exigencies of the moment? May a corporation assert, in certain courts, a legal and practical separation between a holding company and all of its subsidiaries, while asserting precisely the opposite in other courts when that prior position would subject it to potential liability?

Counsel of record

For petitioner
Jay L. T. Breakstone
Parker Waichman LLP

For respondent
Aaron T. Cassat
Federal Express Corporation

Case

Conference history
Distributed for 1 conference

Linked docket
17A637

Proceedings

  1. Apr 16 2018
    Petition DENIED.
  2. Mar 28 2018
    DISTRIBUTED for Conference of 4/13/2018.
  3. Mar 06 2018
    Waiver of right of respondents FEDEx Coporation, FedEx Corporate Services, Inc. to respond filed.
  4. Mar 05 2018
    Waiver of right of respondent FedEx Ground Package System, Inc. to respond filed.
  5. Feb 15 2018
    Petition for a writ of certiorari filed. (Response due March 22, 2018)
  6. Dec 13 2017
    Application (17A637) granted by Justice Ginsburg extending the time to file until February 15, 2018.
  7. Dec 04 2017
    Application (17A637) to extend the time to file a petition for a writ of certiorari from December 17, 2017 to February 15, 2018, submitted to Justice Ginsburg.
    Main Document