Supreme Court Report

Supreme Court of the United States · Official docket →

CEH Energy, LLC, et al. v. Kean Miller, LLP, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-30442 · judgment June 4, 2018


Certiorari denied · November 13, 2018
Pre-decision estimate: 9% cert probability (95% interval 5%–13%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a business petitioner, and down for a business respondent.

Question presented

Rule 59(e) establishes a party’s right to file a motion to alter or amend a judgment. Other circuits have held, where a Rule 59(e) motion is filed to alter a judgment, and a court subsequently issues a new ruling based on “new grounds” that a party has not had an opportunity to challenge, a second Rule 59(e) motion tolls the appeal deadline pending a ruling on the second Rule 59(e) motion. Here, the Fifth Circuit affirmed the district court, which had ruled that a second Rule 59(e) motion addressing the new grounds raised by the district court did not toll the appellate deadline. This view diverges from the other circuits. The question therefore presented is: Should the Supreme Court reverse this outlier Fifth Circuit case and provide clear guidance to practitioners on when successive Rule 59(e) motions are appropriate?

Counsel of record

For petitioner
Jennifer Jon Greene
Scott Vicknair Hair & Checki, LLC

For respondent
Connell L. Archey
Kantrow, Spaht, Weaver & Blitzer (APLC)

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, November 13, 2018 · Certiorari denied

Proceedings

  1. Nov 13 2018
    Petition DENIED.
  2. Oct 24 2018
    DISTRIBUTED for Conference of 11/9/2018.
  3. Sep 25 2018
    Waiver of right of respondent Kean Miller, LLP to respond filed.
  4. Sep 24 2018
    Waiver of right of respondent Stephen C. Hanemann to respond filed.
  5. Sep 04 2018
    Petition for a writ of certiorari filed. (Response due October 12, 2018)