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Warnock Engineering, L.L.C., et al. v. Canton Municipal Utilities

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-60238 · judgment January 8, 2021


Certiorari denied · October 4, 2021
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Whether the Court of Appeals’ decision affirming the dismissal of Petitioners’ quantum meruit claim due to alleged inadequate pleading should be reviewed because it conflicts with federal pleading standards and the Supreme Court’s decision in Johnson v. Shelby, Mississippi, 574 U.S. 10 (2014).

  2. Whether the Court of Appeals’ decision affirming the summary judgment dismissal of the Petitioner’s First Amendment retaliation claim should be reviewed because it conflicts with the Rule 56 standard and sanctions the imposition of a direct, rather than circumstantial, evidentiary burden.

Counsel of record

For petitioner
W. Thomas McCraney III
McCraney Montagnet Quin & Noble, PLLC

For respondent
Edward Blackmon Jr.
Blackmon & Blackmon, PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jun 23 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 09 2021
    Brief of Canton Municipal Utilities in opposition not accepted for filing. (June 16, 2021 - brief was submitted out of time)
  4. Apr 28 2021
    Petition for a writ of certiorari filed. (Response due June 2, 2021)