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Amber Gascho, et al. v. Global Fitness Holdings, LLC, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-3577, 17-3578, 17-3579, 17-3804, 17-3805, 17-3821, 17-3822, 17-3825, 17-3826, 17-3827 · judgment November 15, 2017


Certiorari denied · May 29, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

A party who claims inability to comply with a judgment as a defense to civil contempt must show that the inability was not self-induced. In determining whether such a party has the requisite “clean hands” to invoke the defense, may courts consider prejudgment conduct that contributed to the impossibility of compliance with the judgment?

Counsel of record

For petitioner
John J. Kulewicz
Vorys, Sater, et al.

For respondent
Pierre Henri Bergeron
Squire Patton Boggs (US) LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 29 2018
    Petition DENIED.
  2. May 08 2018
    DISTRIBUTED for Conference of 5/24/2018.
  3. May 03 2018
    Reply of petitioners Amber Gascho, et al. filed.
  4. Apr 23 2018
    Brief of respondent Global Fitness Holdings, LLC in opposition filed.
  5. Apr 20 2018
    Waiver of right of respondents Laurence Paul and Stephen Paul to respond filed.
  6. Apr 19 2018
    Waiver of right of respondents Royce Pulliam, Tomi Anne Pullian to respond filed.
  7. Mar 21 2018
    Petition for a writ of certiorari filed. (Response due April 23, 2018)