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. 16-4435 · judgment April 27, 2018

Certiorari denied · March 18, 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? -1-

Counsel of record

For petitioner
Eric Strohmeyer

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 18 2019
    Petition DENIED.
  2. Feb 27 2019
    DISTRIBUTED for Conference of 3/15/2019.
  3. Feb 12 2019
    Waiver of right of respondent Surface Transportation Board, et al. to respond filed.
  4. Jan 22 2019
    Motion to extend the time to file a response is granted and the time is extended to and including February 21, 2019.
  5. Jan 18 2019
    Motion to extend the time to file a response from January 22, 2019 to February 21, 2019, submitted to The Clerk.
  6. Oct 01 2018
    Petition for a writ of certiorari filed. (Response due January 22, 2019)