Supreme Court of the United States · Official docket →

Mary L. Doherty, et al. v. Allstate Indemnity Company

Paid petition · United States Court of Appeals for the Third Circuit, No. 17-1860 · judgment May 25, 2018

Certiorari denied · December 3, 2018

Pre-decision estimate: 8% cert probability (95% interval 5%–12%)

Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

Whether the affirmed Rule 56 summary judgment decision is inconsistent with the standard set forth in Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986), and violative of the “Mend-the-Hold” Doctrine in Railway v. McCarthy, 96 U.S. 258 (1878), as the court relied upon inadmissible hearsay and simultaneously precluded relevant, material evidence of the insureds’ Expert Witness Reports thereby depriving them of their rights to Due Process and a Jury Trial under the Fifth and Seventh Amendments.

Counsel of record

For petitioner
Joseph Quinto Mirarchi
Mirarchi Legal Services, P.C.

For respondent
Brian James Madden
Donnelly & Associates, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

Dec 03 2018
Petition DENIED.
Nov 07 2018
DISTRIBUTED for Conference of 11/30/2018.
Nov 05 2018
Reply of petitioners Mary L. Doherty, et al. filed.
Oct 24 2018
Brief of respondent Allstate Indemnity Company in opposition filed.
Sep 24 2018
Motion to extend the time to file a response is granted and the time is extended to and including October 26, 2018.
Sep 19 2018
Motion to extend the time to file a response from September 26, 2018 to October 26, 2018, submitted to The Clerk.
Aug 29 2018
Blanket Consent filed by Petitioners, Mary L. Doherty, et al.
Aug 23 2018
Petition for a writ of certiorari filed. (Response due September 26, 2018)