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Orien L. Tulp v. Educational Commission for Foreign Medical Graduates, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 19-2706 · judgment August 17, 2020


Certiorari denied · February 22, 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. Did the lower Court fail to adhere to the axiom that in ruling on a motion for summary judgment “the evidence of the non-movant is to be believed and all justifiable inferences are drawn in his favor”? 2. Did the lower Court violate its function at summary judgment by weighting the evidence and determine the truth of the matter instead of determining whether there was a genuine issue for trial? 3. Did the lower Court’s opinion reflect a clear misapprehension of summary judgment standards in light of this Court’s precedent in Tolan v. Cotton, 572 U.S. 650, 660 (2014)?

Counsel of record

For petitioner
Tommy Ernest Swate
Attorney at Law

For respondent
William Robert Peterson
Office of the Texas Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 22 2021
    Petition DENIED.
  2. Feb 03 2021
    DISTRIBUTED for Conference of 2/19/2021.
  3. Feb 01 2021
    Waiver of right of respondents Educational Commission for Foreign Medical Graduates, et al. to respond filed.
  4. Jan 14 2021
    Petition for a writ of certiorari filed. (Response due February 22, 2021)