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Estate of Gabriel Miranda, Jr., et al. v. Navistar, Incorporated, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-40421 · judgment January 12, 2022


Certiorari denied · October 3, 2022
Pre-decision estimate: 3% cert probability

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

Question presented

Does Federal Motor Vehicle Safety Standard No. 217 (“FMVSS 217”) prohibit a greater level of safety by statutorily making it physically impossible for Texas common law to require an automatic in-motion lock to prevent an occupant from opening the rear emergency exit door when a school bus is traveling at highway speed? Does the statutory language of FMVSS 217, along with its legislative history, evidence congressional intent that a “locking mechanism” functions and moves distinctly from a “release mechanism”?

Counsel of record

For petitioner
Thuy-Hang Thi Nguyen
Turley Law Firm

For respondent
Richard Anthony Sheehy
Sheehy, Ware, Pappas & Grubbs

Case

Conference history
Distributed for 1 conference

Linked docket
21A575

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Jun 15 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jun 07 2022
    Waiver of right of respondents Navistar, Incorporated, et al. to respond filed.
  4. May 12 2022
    Petition for a writ of certiorari filed. (Response due June 15, 2022)
  5. Apr 07 2022
    Application (21A575) granted by Justice Alito extending the time to file until May 12, 2022.
  6. Mar 31 2022
    Application (21A575) to extend the time to file a petition for a writ of certiorari from April 12, 2022 to June 11, 2022, submitted to Justice Alito.