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Grand Trunk Western Railroad Company v. Steven R. Lilly

Paid petition · Court of Appeals of Michigan, No. 338677 · judgment January 17, 2019

Certiorari denied · February 24, 2020
Pre-decision estimate: 1% cert probability

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

Question presented

Whether, in a personal injury action brought by a railroad employee against his employer under the Federal Employers Liability Act (FELA), a jury must be instructed about the employee’s acknowledged, related preexisting physical condition.

Counsel of record

For petitioner
Wayne Lindsey Robbins Jr.
Robbins Travis PLLC

For respondent
Arvin Jay Pearlman
Sommers Schwartz, P.C.

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Feb 24 2020
    Petition DENIED.
  2. Feb 18 2020
    Brief amicus curiae of Association of American Railroads filed.
  3. Feb 05 2020
    DISTRIBUTED for Conference of 2/21/2020.
  4. Jan 31 2020
    Waiver of right of respondent Steven R. Lilly to respond filed.
  5. Jan 28 2020
    Petition for a writ of certiorari filed. (Response due March 2, 2020)