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Harold Wade, et ux. v. Kreisler Law, P.C.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 18-2564 · judgment June 14, 2019

Certiorari denied · March 9, 2020
Pre-decision estimate: 3% cert probability

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

Question presented

The “functional equivalence” doctrine of Foman v. Davis, 371 U.S. 178 (1962), Torres v. Oakland Scavenger Co., 487 U.S. 312 (1988), and Smith v. Barry, 502 U.S. 244 (1992), allows rules of procedure to be liberally construed so substitute filings or technically defective filings can satisfy a jurisdictional rule that the appellant file a notice of appeal. The question presented in this case is whether the “functional equivalence” doctrine also applies to nonjurisdicitonal mandatory claim processing rules requiring a petition for permission to appeal.

Counsel of record

For petitioner
Michael Alan Miller
The Semrad Law Firm, LLC

For respondent
Barry B. Kreisler
Kreisler Law P.C.

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 09 2020
    Petition DENIED.
  2. Feb 19 2020
    DISTRIBUTED for Conference of 3/6/2020.
  3. Feb 14 2020
    Reply of petitioners Harold Wade, et al. filed.
  4. Feb 10 2020
    Motion to extend the time to file a response is granted and the time is extended to and including February 11, 2020.
  5. Feb 10 2020
    Brief of respondent Kreisler Law, P.C. in opposition filed.
  6. Feb 07 2020
    Motion to extend the time to file a response from November 29, 2019 to February 11, 2020, submitted to The Clerk.
  7. Oct 30 2019
    Response Requested. (Due November 29, 2019)
  8. Oct 23 2019
    DISTRIBUTED for Conference of 11/8/2019.
  9. Sep 05 2019
    Petition for a writ of certiorari filed. (Response due October 10, 2019)