Supreme Court of the United States · Official docket →

CBX Resources, L.L.C. v. ACE American Insurance Company, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-50740 · judgment May 12, 2020

Certiorari denied · February 22, 2021

Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a business petitioner, and down for a business respondent.

Question presented

Whether the Supreme Court should abolish the Fifth Circuit’s judicially created “finality trap” and resolve the conflict among the courts of appeals regarding the finality or non-finality under 28 U.S.C. § 1291 of a judgment when a party has dismissed—without prejudice— remaining unadjudicated claims?

Counsel of record

For petitioner
Mark Anthony John Fassold
Watts Guerra, LLP

For respondent
Jonathan D. Hacker
O'Melveny & Myers LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

Feb 22 2021
Petition DENIED.
Jan 27 2021
DISTRIBUTED for Conference of 2/19/2021.
Jan 22 2021
Reply of petitioner CBX Resources, L.L.C. submitted.
Jan 11 2021
Brief of respondents ACE American Insurance Company, et al. in opposition filed.
Nov 23 2020
Motion to extend the time to file a response is granted and the time is extended to and including January 11, 2021.
Nov 20 2020
Motion to extend the time to file a response from December 10, 2020 to January 11, 2021, submitted to The Clerk.
Nov 10 2020
Response Requested. (Due December 10, 2020)
Nov 04 2020
DISTRIBUTED for Conference of 11/20/2020.
Oct 29 2020
Waiver of right of respondent ACE American Insurance Company, et al. to respond filed.
Oct 07 2020
Petition for a writ of certiorari filed. (Response due November 12, 2020)