Supreme Court Report

Supreme Court of the United States · Official docket →

Todd Phillippi v. Humble Design, L.L.C., et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-10386 · judgment December 8, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 0% cert probability

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

Question presented

I.) Whether the Fifth Circuit can refuse to review the denial of a FRCP 60(b)(4) (lack ofjurisdiction) motion under the “de novo” standard of review, in light of its controlling precedent in Gallon Petroleum Co. v. Frontier Ins. Co., 351 F.3d 204, 208 (5th Cir. 2003) mandating “De Novo” Review? II.) Whether a judgment is necessary to establish jurisdiction for a Fed. R. Civ. P. Rule 54 motion for attorney fees in light of Fed. R. Civ. P. Rule 54 statutory requirement and the decisions of this court in “Sears, Roebuck Co. v. Mackey, 351 U.S. 427 (1956)” and Curtiss-Wright Corp. v. General Electric Co., 446 U.S. 1 (1980) requiring a Judgment? HI.) Whether the inherent powers of the Court allow the Court to modify the jurisdictional requirements of FRCP Rule 54 in light of Cooter Gell v. Hartmarx Corp. 496 U.S. 384 (1990) and Curtiss-Wright limits on those powers? IV.) Whether the District Court has Jurisdiction to enter Orders after a Fed.R.Civ.P 41 (a)( 1 )(a)(ii) dismissal without court order, in light of the Fifth Circuit’s, holding in Bechuck v. Home Depot U.S.A., Inc., 814 F.3d 287 (2016) that the District Court loses jurisdiction?

Counsel of record

For petitioner
Todd Phillippi

For respondent
Eric Charles Wood
Brown Fox PLLC

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 22 2021
    Rehearing DENIED.
  2. Nov 02 2021
    DISTRIBUTED for Conference of 11/19/2021.
  3. Oct 28 2021
  4. Oct 04 2021
    Petition DENIED.
  5. Jun 16 2021
    DISTRIBUTED for Conference of 9/27/2021.
  6. Jun 07 2021
    Waiver of right of respondents Humble Design, L.L.C. and Warren David Humble to respond filed.
  7. Jun 04 2021
    Petition for a writ of certiorari filed. (Response due July 8, 2021)