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Rosetta Bulluck v. Newtek Small Business Finance, Inc., dba Newtek Business Services, Inc., et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-10238 · judgment March 27, 2020

Certiorari denied · October 5, 2020
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, an Eleventh Circuit decision below, and a petition filed soon after the judgment below, and down for a business respondent.

Question presented

Whether granting summary judgment in favor of Respondents and dismissing Petitioner’s case was improper when the District Court deemed that, among other things, Petitioner had no private right of action for Respondents’ unlawful acts. Whether the Court of Appeals erred in failing to examine the District Court’s summary judgment findings as it pertains to contract formation and implementation and wrongfully gave complete deference to the District Court.

Counsel of record

For petitioner
Robert L. Sirianni Jr.
Brownstone, P.A.

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Order
Order list, October 5, 2020 · Certiorari denied

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Jul 29 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Jul 08 2020
    Waiver of right of respondent FDIC to respond filed.
  4. Jun 19 2020
    Petition for a writ of certiorari filed. (Response due July 24, 2020)