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Mostafa R. Ahsan v. Staples the Office Superstore East, Inc.

Paid petition · United States Court of Appeals for the Second Circuit, No. 16-4263 · judgment January 30, 2018

Certiorari denied · January 14, 2019
Pre-decision estimate: 15% cert probability (95% interval 11%–22%)

Before the decision, about 3.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.

Question presented

In Gasperini v. Center for Humanities, Inc., this Court held that “[n]othing in the Seventh Amendment * * * precludes appellate review of the trial judge’s denial of a motion to set aside [a jury verdict] as excessive.” 518 U.S. 415, 436 (1996) (internal quotation marks, citation, and footnote omitted)). As the Court noted, appellate review to ensure that the weight of the evidence supports the damages awarded “is reconcilable with the Seventh Amendment as a control necessary and proper to the fair administration of justice.” Ibid. The question presented is: Whether, as the Second Circuit holds, the Seventh Amendment categorically bars review of district court denials of motions for a new trial made on the ground that the weight of the evidence does not support the verdict or whether, as all other geographic circuits hold, such denials are reviewable.

Counsel of record

For petitioner
Daniel Roy Ortiz

For respondent
Jeffrey Lawrence O'Hara
Connell Foley LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 14 2019
    Petition DENIED.
  2. Dec 26 2018
    DISTRIBUTED for Conference of 1/11/2019.
  3. Dec 21 2018
    Reply of petitioners Mostafa R. Ahsan filed.
  4. Dec 06 2018
    Brief of respondent Staples the Office Superstore East, Inc. in opposition filed.
  5. Oct 19 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including December 6, 2018.
  6. Oct 17 2018
    Motion to extend the time to file a response from November 13, 2018 to December 6, 2018, submitted to The Clerk.
  7. Sep 20 2018
    Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2018.
  8. Sep 18 2018
    Motion to extend the time to file a response from October 12, 2018 to November 13, 2018, submitted to The Clerk.
  9. Sep 12 2018
    Response Requested. (Due October 12, 2018)
  10. Aug 22 2018
    DISTRIBUTED for Conference of 9/24/2018.
  11. Aug 15 2018
    Waiver of right of respondent Staples the Office Superstore East, Inc. to respond filed.
  12. Jul 23 2018
    Motion to extend the time to file a response is granted and the time is extended to and including August 22, 2018.
  13. Jul 18 2018
    Motion of Staples the Office Superstore East, Inc. for an extension of time not accepted for filing. (July 23, 2018 - motion of July 18, 2018 was submitted twice.)
  14. Jul 18 2018
    Motion to extend the time to file a response from July 23, 2018 to August 22, 2018, submitted to The Clerk.
  15. Jun 19 2018
    Petition for a writ of certiorari filed. (Response due July 23, 2018)