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Lee W. Yeager v. FirstEnergy Generation Corporation

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-4042, 20-4043 · judgment June 22, 2021


Certiorari denied · December 6, 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.

Question presented

Whether a federal district court’s outright dismissal of a stayed action without having first lifted that stay, to permit ruling on plaintiff’s pending motion to amend his pleading to substitute the proper party defendant, offends the Fifth Amendment’s Due Process Clause by effectively denying plaintiff the right to redress his grievance via some effective legal procedure that includes notice and the opportunity to be heard.

Counsel of record

For petitioner
Michael Dudley Rossi
Guarnieri & Secrest PLL

For respondent
Ze-wen Julius Chen
Akin Gump Strauss Hauer & Feld LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 06 2021
    Petition DENIED.
  2. Nov 16 2021
    DISTRIBUTED for Conference of 12/3/2021.
  3. Nov 09 2021
    Waiver of right of respondent FirstEnergy Generation Corporation to respond filed.
  4. Oct 25 2021
    Petition for a writ of certiorari filed. (Response due November 26, 2021)