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Christopher Edward McMillen v. New Caney Independent School District

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-20420 · judgment October 2, 2019

Certiorari denied · May 26, 2020
Pre-decision estimate: 8% cert probability (95% interval 5%–12%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a circuit split argued in the petition, and down for a state or local-government respondent.

Question presented

This case presents the question that this Court granted certiorari to review, but then expressly left open, in Fry v. Napoleon Community Schools, 137 S. Ct. 743, 752 & n.4, 754 n.8 (2017), and that continues to divide the circuits: Whether the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., requires administrative exhaustion when a plaintiff brings a nonIDEA claim seeking relief that is not available under the IDEA.

Counsel of record

For petitioner
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP

For respondent
Charles Cory Rush
Karczewski | Bradshaw | Spalding

Case

Conference history
Distributed for 2 conferences

Linked docket
19A599

Proceedings

  1. May 26 2020
    Petition DENIED.
  2. May 05 2020
    DISTRIBUTED for Conference of 5/21/2020.
  3. May 04 2020
    Reply of petitioner Christopher Edward McMillen filed. (Distributed)
  4. Apr 17 2020
    Brief of respondent New Caney Independent School District in opposition filed.
  5. Mar 09 2020
    Motion to extend the time to file a response is granted and the time is extended to and including April 20, 2020.
  6. Mar 04 2020
    Motion to extend the time to file a response from March 20, 2020 to April 20, 2020, submitted to The Clerk.
  7. Feb 19 2020
    Response Requested. (Due March 20, 2020)
  8. Feb 12 2020
    DISTRIBUTED for Conference of 2/28/2020.
  9. Feb 07 2020
    Waiver of right of respondent New Caney Independent School District to respond filed.
  10. Jan 30 2020
    Petition for a writ of certiorari filed. (Response due March 4, 2020)
  11. Nov 26 2019
    Application (19A599) to extend the time to file a petition for a writ of certiorari from December 31, 2019 to January 30, 2020, submitted to Justice Alito.
    Main DocumentLower Court Orders/OpinionsProof of Service
  12. Nov 26 2019
    Application (19A599) granted by Justice Alito extending the time to file until January 30, 2020.