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Cynthia N. Almond, et al. v. Singing River Health System, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-60130 · judgment August 6, 2018

Certiorari denied · March 18, 2019

Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Whether the District Court erred in certifying the class under Rule 23 on the grounds that Petitioners have a constitutional due process right to opt-out of class action suits which assert monetary claims on their behalf.
Whether the court erred in certifying the class under Rule 23 and approving the settlement on the grounds that Petitioners have a constitutional right to their property under the Fourteenth and Fifth Amendments of the U.S. Constitution.
Whether the court erred in certifying the class under a liability-release condition wherein the County payment is secured by a long-term contract which cannot be enforced or bound, essentially a fraudulent contract per state statute.

For petitioner
William Harvey Barton II
Barton Law Firm, PLLC

For respondent
A. Kelly Sessoms III
Dogan & Wilkinson, PLLC

Conference history
Distributed for 1 conference

Mar 18 2019
Petition DENIED.
Feb 27 2019
Waiver of right of respondent Singing River Health System, et al. to respond filed.
Feb 20 2019
DISTRIBUTED for Conference of 3/15/2019.
Jan 31 2019
Waiver of right of respondents Thomas Jones, Joseph Charles Lohfink, Sue Beavers, Rodolfoa Rel, and Hazel Reed Thomas to respond filed.
Dec 12 2018
Petition for a writ of certiorari filed. (Response due February 7, 2019)