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Sheldon Carmon v. CSX Transportation, Inc.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-6035 · judgment April 15, 2020

Certiorari denied · October 5, 2020
Pre-decision estimate: 2% cert probability

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

Question presented

In this Federal Employers’ Liability Act case, was summary judgment for the defendant railroad properly granted when (1) the courts below required proof of prior accidents, complaints, or reports in order to establish the railroad’s actual or constructive notice of a dangerous condition, (2) the courts below weighed evidence and witnesses’ credibility, and (3) an appellate panel refused to consider an issue that was implicitly raised in the trial court?

Counsel of record

For petitioner
Sidney Wythe Gilreath
Gilreath & Associates, PLLC

For respondent
Evan Mark Tager
Mayer Brown LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Sep 09 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Sep 03 2020
    Waiver of right of respondent CSX Transportation, Inc. to respond filed.
  4. Aug 27 2020
    Petition for a writ of certiorari filed. (Response due October 5, 2020)