Supreme Court Report

Supreme Court of the United States · Official docket →

Eric S. Strohmeyer v. Surface Transportation Board, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 16-4362 · judgment April 27, 2018


Certiorari denied · October 7, 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

Was it clear error for the Third Circuit to fail to address the issue of whether the Surface Transportation Board ("STB") had the jurisdiction to render a decision in the underlying proceeding? (Even if the court determines that Petitioner does not have standing.) Were the allegations in Petitioner's Affidavit sufficient to defeat Respondents' Motion to Dismiss' for lack of standing? -'l-

Counsel of record

For petitioner
Eric Strohmeyer

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jul 10 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jun 27 2019
    Waiver of right of respondent Surface Transportation Board, et al. to respond filed.
  4. Mar 20 2019
    Petition for a writ of certiorari filed. (Response due June 27, 2019)