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Gina Russomanno v. Dan Dugan, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 21-2004 · judgment September 8, 2021


Certiorari denied · March 7, 2022
Pre-decision estimate: 0% cert probability

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

Questions presented

O QUESTIONS FOR REVIEwO

  1. Whether the Supreme Court will consider the merits of the decision of the U.S. Court of Appeals for the Third District, pursuant to res judicata, barring anti-discrimination claims, when such decision contradicts with the petitioners “express allegations,”and directly conflicts with relevant precedent.

  2. Whether a simultaneous dismissal for a “remand” reconsideration juxtaposed as a “judgement” reconsideration within a single ‘uniform-decision* with a motion to dismiss can completely foreclose all rights to due process in new-evidence, and serve to later justify the barring of subsequent claim (by res judicata).

  3. Whether proper precedent establishes that when new and discrete evidence information arises from a prior case it permits judicial right to proceed and provision for timely leave to reinstate. Whether reasonable amendment would be futile when the court withholds leave to reinstate, quashes all due process, and completely forecloses on new evidence claims.

  4. Whether res judicata same-claim preclusion can bar discrimination claims in Title VII, ADEA, and Equal Pay Act and NJLAD and Diane B. Allen Equal Pay Act when the two cases do not duplicate in any discrimination statutes either federal or state by any (reiteration, simultaneous, additional, or ‘same-claim’) overlap and are wholly separate in cause of action.

  5. Whether “assumptions” that are “absent any elaboration” (as defined by previous courts) can still support reasoning decision to determine that discrimination “must have been prior known.” Whether precedent governs that the merits of “material facf are adjudicated on “determinative” claim. i.

Counsel of record

For petitioner
Gina Russomanno

For respondent
Ivan Ross Novich
Littler Mendelson, P.C.

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 18 2022
    Rehearing DENIED.
  2. Mar 23 2022
    DISTRIBUTED for Conference of 4/14/2022.
  3. Mar 14 2022
  4. Mar 07 2022
    Petition DENIED.
  5. Feb 16 2022
    DISTRIBUTED for Conference of 3/4/2022.
  6. Feb 04 2022
    Reply of petitioner Gina Russomanno filed.
  7. Jan 27 2022
    Brief of respondents Dan Dugan, et al. in opposition filed.
  8. Jan 05 2022
    Motion to extend the time to file a response is granted and the time is extended to and including January 28, 2022.
  9. Dec 23 2021
    Motion to extend the time to file a response from December 29, 2021 to January 28, 2022, submitted to The Clerk.
  10. Nov 22 2021
    Petition for a writ of certiorari filed. (Response due December 29, 2021)