Supreme Court of the United States · Official docket →

Alexander A. Benzemann v. Houslanger & Associates, PLLC, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-1162-cv · judgment May 13, 2019

Certiorari denied · October 7, 2019

Pre-decision estimate: 13% cert probability (95% interval 8%–19%)

Before the decision, about 3× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a Second Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.

Question presented

I. Whether the "discovery rule" applies to toll the one (1) year statute of limitations under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq., as the Fourth and Ninth Circuits have held but the Third Circuit has held contrarily. II. Does the discovery rule under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq., toll the one-year statute of limitations to run from the date of discovery of the facts of the cause of action, as the Fourth and Ninth Circuits have held, or from the date of discovery of merely the injury, as the Second Circuit has held contrarily.

Counsel of record

For petitioner
Andrew Lloyd Tiajoloff
Tiajoloff & Kelly LLP

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

Oct 07 2019
Petition DENIED.
Aug 07 2019
DISTRIBUTED for Conference of 10/1/2019.
Jun 20 2019
Petition for a writ of certiorari filed. (Response due July 24, 2019)