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Rosemary Webster, et al. v. Fresenius Medical Care Holdings, Inc., aka Fresenius Medical Care North America

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-6209 · judgment July 28, 2020


Certiorari denied · January 11, 2021
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. The Due Process clause of the United States Constitution entitles a person to an impartial and disinterested tribunal in civil cases. This neutrality requirement in adjudicative proceedings safeguards two central concerns. First, it prevents an unjustified or mistaken deprivation of property. Second, it promotes participation and dialogue by litigants in the decision-making process. Did the Sixth Circuit Court of Appels affirm a judgment that violated the Petitioners fundamental rights by supporting an opinion that (I) repeatedly transgresses the applicable standard of review, and (II) prejudicially omit the Petitioners allegations and arguments?

  2. Whether the unpublished appellate opinion used case law to redirect the interest of justice and render a decision that suggest bias, prejudice or favoritism should be allowed to stand unchanged?

Counsel of record

For petitioner
Dennis Jefferson

For respondent
David Lawrence Schenberg
Ogletree, Deakins, Nash, Smoak & Stewart, PC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 16 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Dec 08 2020
    Waiver of right of respondent Fresenius Medical Care Holdings to respond filed.
  4. Dec 04 2020
    Waiver of Fresenius Medical Care Holdings of right to respond not accepted for filing. (December 08, 2020)
  5. Nov 02 2020
    Petition for a writ of certiorari filed. (Response due December 21, 2020)