Supreme Court Report

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David Altstatt, Sr. v. Melinda Fruendt, Executive Director, Oklahoma Department of Rehabilitation Services, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 17-6074 · judgment September 26, 2018

Certiorari denied · February 19, 2019
Pre-decision estimate: 6% cert probability (95% interval 3%–10%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below, and a Tenth Circuit decision below, and down for a state or local-government respondent.

Question presented

When States voluntarily choose to participate under the Randolph Sheppard Act, and consent to arbitration of blind vendors’ grievances, do the states waive their Eleventh Amendment Sovereign Immunity as to compensatory damages?

Counsel of record

For petitioner
Kevin Ray Donelson
Fellers, Snider, Blankenship, Bailey & Tippens

For respondent
Peter Andrew Nolan
Winstead P.C.

Case

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

Conference history
Distributed for 1 conference

Order
Order list, February 19, 2019 · Certiorari denied

Proceedings

  1. Feb 19 2019
    Petition DENIED.
  2. Feb 01 2019
    Waiver of right of respondent Department of Education to respond filed.
  3. Jan 23 2019
    DISTRIBUTED for Conference of 2/15/2019.
  4. Jan 14 2019
    Waiver of right of respondents Fruendt, Exec. Dir., OK Dept. of Rehab. Servs., et al. to respond filed.
  5. Dec 24 2018
    Petition for a writ of certiorari filed. (Response due February 4, 2019)