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Odyssey Contracting Corp. v. L & L Painting Co., Inc.

Paid petition · United States Court of Appeals for the Third Circuit, No. 19-1150, 19-1151 · judgment December 12, 2019

Certiorari denied · May 26, 2020
Pre-decision estimate: 9% cert probability (95% interval 5%–14%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Questions presented

  1. Whether a stipulation that is not a consent judgment and simply establishes a mechanism under which the district court will resolve certain claims, forfeits the right of appeal from the final judgment where there is no clear and unequivocal waiver of that right in the stipulation itself.

  2. Whether the holding of the Third Circuit is contrary to the decisions of this Court in United States v. Procter & Gamble, 356 U.S. 677 (1958) and Thomsen v. Cayser, 243 U.S. 66 (1917), and admittedly contrary to the decisions of the Second, Fifth and Tenth Circuits, as well as an nonprecedential decision of the Sixth Circuit that followed the Fifth Circuit holding.

  3. Whether the determination of the Third Circuit should be summarily reversed on authority of United States v. Procter & Gamble, 356 U.S. 677

  4. and Thomsen v. Cayser, 243 U.S. 66 (1917).

Counsel of record

For petitioner
Chris Georgoulis
Georgoulis PLLC

For respondent
Allen J. Ross
Duane Morris, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 26 2020
    Petition DENIED.
  2. May 05 2020
    DISTRIBUTED for Conference of 5/21/2020.
  3. Apr 22 2020
    Waiver of right of respondent L & L Painting Co., Inc. to respond filed.
  4. Mar 24 2020
    Petition for a writ of certiorari filed. (Response due April 29, 2020)