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Lillie Leon v. New York City Department of Education, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-3567 · judgment October 31, 2018


Certiorari denied · March 25, 2019
Pre-decision estimate: 0% cert probability

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

Question presented

Petitioner testified and submitted evidence during a 3-day 3020-a hearing, wherein the Arbitrator, Felice Busto rejected material evidence from Petitioner, such as A-41, A-43, A-48-49, A-77, A-78, A-91-92. The Arbitrator made factual errors, in favor of the DOE, the decision was rendered outside of the normal deadline. The decision has prevented revelation of material facts through this doctrine of collateral estoppel. THE QUESTION PRESENTED IS If the Arbitrator's decision was rendered unlawfully will this limit the scope of the preclusive effect of Res Judicata and Collateral Estoppel per this Court's decision in Hall Street Assoc., LLC v. Mattel Inc., 552 U.S. 576 (2008))?

Counsel of record

For petitioner
Lillie Leon

For respondent
Elina Druker
NYC Law Department

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 20 2019
    Rehearing DENIED.
  2. Apr 30 2019
    DISTRIBUTED for Conference of 5/16/2019.
  3. Apr 19 2019
    Petition for Rehearing filed.
  4. Mar 25 2019
    Petition DENIED.
  5. Mar 06 2019
    DISTRIBUTED for Conference of 3/22/2019.
  6. Feb 08 2019
    Waiver of right of respondents New York City Department of Education, et al. to respond filed.
  7. Jan 29 2019
    Petition for a writ of certiorari filed. (Response due March 8, 2019)