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In Re Carolyn Fjord, et al.

Paid petition


Certiorari denied · May 13, 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

• Does the decision of the United States Bankruptcy Court for the Southern District of New York denying Petitioners the right to a jury trial for damages under Section 4 of the Clayton Act contravene the U.S. Supreme Court’s ruling in Beacon Theaters and deprive Plaintiffs below of their fundamental right to a trial by jury guaranteed to them by this Court and by the Seventh Amendment of the United States Constitution? • Will the Court reaffirm the teaching of Beacon Theaters and in so doing reaffirm the value and importance of the jury trial by requiring the bankruptcy court below to impanel a jury on the damage claims raised by plaintiffs in their complaint? • Should a Writ of Mandamus and/or Prohibition issue to the United States Bankruptcy Court to require that court to impanel a jury for trial of the legal issues raised by the complaint?

Counsel of record

For petitioner
Joseph Michaelangelo Alioto
Alioto Law Firm

For respondent
Sadik Harry Huseny
Latham & Watkins LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 13 2019
    Petition DENIED.
  2. Apr 23 2019
    DISTRIBUTED for Conference of 5/9/2019.
  3. Apr 17 2019
    Waiver of right of respondents AMR Corporation, et al. to respond filed.
  4. Mar 19 2019
    Petition for a writ of mandamus and/or prohibition filed. (Response due April 22, 2019)