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Sherilyn J. LeRoux v. NCL (Bahamas), Ltd.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-13877 · judgment August 14, 2018

Certiorari denied · January 7, 2019

Pre-decision estimate: 6% 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, an Eleventh Circuit decision below, and a petition filed soon after the judgment below, and down for a business respondent.

Question presented

I. Under the General Maritime Law of comparative negligence, should a finding of “open and obvious” act as a complete bar to recovery or merely serve as a factor to be weighed in apportioning fault? At present, there is a split in the federal circuits on this important issue, and it is imperative for this Honorable Court to resolve the conflict to maintain uniformity in federal maritime law.

Counsel of record

For petitioner
Robert Allen Chaffin

For respondent
Curtis J. Mase
Mase Mebane

Case

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

Conference history
Distributed for 1 conference

Order
Order list, January 7, 2019 · Certiorari denied

Proceedings

Jan 07 2019
Petition DENIED.
Dec 12 2018
DISTRIBUTED for Conference of 1/4/2019.
Dec 05 2018
Waiver of right of respondent NCL (Bahamas) to respond filed.
Nov 12 2018
Petition for a writ of certiorari filed. (Response due December 17, 2018)