Supreme Court of the United States · Official docket →

Dale De Steno, et al. v. Kelly Services, Inc.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-1118 · judgment January 10, 2019

Certiorari denied · June 10, 2019

Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below, and down for a business respondent.

Question presented

Whether the United States Court of Appeals for the Sixth Circuit erred by denying the Petitioners’ request for a jury trial pursuant to the Seventh Amendment as to the amount of attorneys’ fees based upon the practical abilities and limitations of a jury.

Counsel of record

For petitioner
Robert James Gastner
Eckert Seamans Cherin & Mellott, LLC

For respondent
J. Scott Humphrey
Seyfarth Shaw, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

Jun 10 2019
Petition DENIED.
May 21 2019
DISTRIBUTED for Conference of 6/6/2019.
Apr 29 2019
Waiver of right of respondent Kelly Services, Inc. to respond filed.
Apr 10 2019
Petition for a writ of certiorari filed. (Response due May 13, 2019)