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Gladys Mendoza v. Inspira Health Network, Inc., et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 19-3434 · judgment June 2, 2020


Certiorari denied · December 14, 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

Does not the Decision in this case require a reaffirmation and clarification of Anderson v. Liberty Lobby, Inc, 477 U.S. 242, 255 and its progeny where, in considering a motion for summary judgment and depriving plaintiff of her right to trial by jury, that a non-moving party's evidence is to be believed and all justifiable inferences are to be drawn in her favor and the decision of the lower court totally disregarded plaintiff s evidence including the Affidavits of expert witnesses and two expert reports, without explanation as to why it was ignored or found not to be credible and the circuits, in interpreting Anderson have held, with differing standards, such an explanation is required to determine why plaintiff s evidence was not believed and all inferences were not drawn in her favor? Does this not violate the preservation of the right of trial by jury as mandated by the Seventh Amendment of the Constitution and violate this Court s requirements as set forth in Anderson? (Suggested answer in the affirmative)

Counsel of record

For petitioner
James R. Radmore

For respondent
Sharon K. Glapern
Stahl & DeLaurentis, PC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 14 2020
    Petition DENIED.
  2. Nov 24 2020
    DISTRIBUTED for Conference of 12/11/2020.
  3. Oct 23 2020
    Waiver of right of respondents Andrew Zinn, MD and Cardiovascular Associated of Delaware Valley, PA d/b/a The Heart House to respond filed.
  4. Oct 06 2020
    Petition for a writ of certiorari filed. (Response due November 12, 2020)