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Yeitza Marie Aponte-Bermudez v. Eligio Colón, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 18-1266 · judgment December 20, 2019


Certiorari denied · October 5, 2020
Pre-decision estimate: 3% cert probability

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

Questions presented

  1. May a federal district court consistent with this Court’s “the law of the case” doctrine grant judgment as a matter of law under Fed. R. Civ. P. 50(a) to respondents after petitioner had submitted her case in chief to the jury when the court before trial had already ruled that it was “up to the jury to evaluate [this] evidence” proving respondents were negligent?

  2. Is due process denied and Rule 50(a) protocol undermined when the court of appeals fails to harmonize the district court’s pretrial ruling declaring that petitioner’s expert evidence of respondents’ negligence was fit for a jury’s evaluation with its later dismissal of her claims during trial without identifying what new evidence had been adduced or what facts had changed to warrant this new ruling?

Counsel of record

For petitioner
Dennis P. Derrick

For respondent
Francisco J. Colon-Pagan
Colon & Colon PSC

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. Aug 12 2020
    Waiver of right of respondent Carmen Gloria Fernandez Torres, Eligio Rafael Colon Fernandez, Luis Alberto Colon Fernandez, et al. to respond filed.
  4. Jul 13 2020
    Petition for a writ of certiorari filed. (Response due August 21, 2020)