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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: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), 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

Conference history
Distributed for 1 conference

Proceedings

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