Supreme Court Report

Supreme Court of the United States · Official docket →

Samuel A. Gurrola v. Walgreen Company

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-51108 · judgment January 30, 2020


Certiorari denied · October 5, 2020
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Can the world’s largest pharmacy chain influ­ ence a State to fabricate evidence to achieve its monopoly goals, abridge plaintiffs rights and steal plaintiffs property in violation of the fourth and fourteenth amendments?

  2. Did the Fifth Circuit Court of Appeals (Fifth DCA) err dismissing a case being that it exceeded 1 year under Texas statute of frauds when it should have been promissory estoppel because Plaintiff made a substantial 92% delivery?

  3. Did the Fifth DCA err in dismissing a fraud claim when a deposition notice was sent to the Walgreen District Manager sent to run the entire purchase and transfer operation was not a District Manager, or supervisor, he was not even a Walgreen employee, he was a person working as a government agent and as such, plaintiff was deprived of his fifth amendment privilege and deprived of his property. This occurred 5 days after the District Court dismissed the case, the Fifth DCA affirmed the lower Court stating plaintiff should have known about the rogue before the case was dismissed?

  4. Is 100% control of a market up from 10% control obtained by buy outs and force outs a monopoly?

  5. In applying Res Judicata, is the Fifth DCA committing manifest injustice?

  6. Was the destruction of plaintiffs typewriters in the last days of this case considered obstruction?

Counsel of record

For petitioner
Samuel A. Gurrola

For respondent
Merritt Maverick Clements
Ray Pena McChristian, PC

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 11 2021
    Motion for leave to file a petition for rehearing filed by petitioner DENIED.
  2. Dec 02 2020
    Motion DISTRIBUTED for Conference of 1/8/2021.
  3. Nov 13 2020
    Motion for leave to file a petition for rehearing filed by petitioner.
  4. Oct 05 2020
    Petition DENIED.
  5. Aug 26 2020
    DISTRIBUTED for Conference of 9/29/2020.
  6. Aug 26 2020
    Reply of petitioner Samuel A. Gurrola filed. (Distributed)
  7. Aug 07 2020
    Brief of respondent Walgreen Co in opposition filed.
  8. Jun 29 2020
    Petition for a writ of certiorari filed. (Response due August 7, 2020)