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Robert N. Preston, et al. v. R. Alexander Acosta, Secretary of Labor

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-10833 · judgment October 12, 2017

Certiorari denied · June 25, 2018

Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and a petition citing one or two dissents.

Question presented

Whether courts and parties can use the nonstatutory doctrine of waiver to extend the time limit imposed by the statute of repose in 29 U.S.C. § 1113(1) despite Congress’ expressed intent to bar actions after this six-year statutory period elapses.

Counsel of record

For petitioner
David Howard Flint
Schreeder, Wheeler & Flint, LLP

For respondent
Noel John Francisco
Jones Day

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, June 25, 2018 · Certiorari denied

Proceedings

Jun 25 2018
Petition DENIED.
Jun 05 2018
DISTRIBUTED for Conference of 6/21/2018.
May 31 2018
Reply of petitioners Robert N. Preston, et al. filed.
May 21 2018
Brief of respondent R. Alexander Acosta, Secretary of Labor in opposition filed.
Apr 11 2018
Motion to extend the time to file a response from April 19, 2018 to May 21, 2018, submitted to The Clerk.
Apr 11 2018
Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2018.
Mar 13 2018
Petition for a writ of certiorari filed. (Response due April 19, 2018)