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American Contractors Supply, LLC v. HD Supply Construction Supply, Ltd.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-10813 · judgment March 4, 2021


Certiorari denied · October 12, 2021
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

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

Question presented

Does Federal Rule of Civil Procedure 56 permit the court to weigh competing evidence of a material fact from the moving party to grant summary judgment if the nonmoving party has offered evidence giving rise to the inference of the material fact.

Counsel of record

For petitioner
Jeffrey L. Berhold

For respondent
Milton Russell Wofford Jr.
Carroll & Weiss LLP

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 12, 2021 · Certiorari denied

Proceedings

  1. Oct 12 2021
    Petition DENIED.
  2. Sep 22 2021
    DISTRIBUTED for Conference of 10/8/2021.
  3. Sep 02 2021
    Brief of respondent HD Supply Construction Supply, Ltd. in opposition filed.
  4. Aug 02 2021
    Petition for a writ of certiorari filed. (Response due September 3, 2021)