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John Stephen Thorne v. Union Pacific Corporation, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-50019 · judgment November 20, 2018


Certiorari denied · April 15, 2019
Pre-decision estimate: 3% cert probability

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

Question presented

Thorne initiated a declaratory judgment action seeking inter alia declarations that he owned the stock certificate issued by a predecessor-in-interest to Union Pacific and the current value of those shares. The District Court held that Thorne commenced his action within the 4-year limitations period established by the controlling Texas statute. This case presents the issue whether the equitable defense of laches (unreasonable, prejudicial delay in commencing suit) may be employed to bar relief on Thorne’s legal claims despite the action being commenced within the limitations period.

Counsel of record

For petitioner
Ryan Grant Anderson
Law Offices of Ryan G. Anderson, PLLC

For respondent
J. Scott Ballenger

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 15 2019
    Petition DENIED.
  2. Mar 20 2019
    DISTRIBUTED for Conference of 4/12/2019.
  3. Mar 11 2019
    Waiver of right of respondent Union Pacific Railroad Company to respond filed.
  4. Feb 19 2019
    Petition for a writ of certiorari filed. (Response due April 8, 2019)