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Barry D. Bilder v. Janice Dykstra

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 20-3062 · judgment July 22, 2021


Certiorari denied · February 22, 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.

Question presented

Contracts are composed of words. If words in con­ tracts vary in their meanings, the contract is in peril of being void and unenforceable. Each word of a contract comprises a legal element which should be clear and unambiguous. The question posed herein is in reference to the words used in contracts and agreements containing the phrase, “new fact;” and what qualifies as a “new fact.” The question presented is: In contracts, after signing an agreement, is the term, “new fact,” applicable to a fact that is new and previously unknown to one party, or new and previously unknown to both (all) parties?

Counsel of record

For petitioner
Barry D. Bilder

For respondent
Riccardo A. DiMonte
DiMonte and Lizak, LLC

Case

Conference history
Distributed for 1 conference

Linked docket
21A128

Proceedings

  1. Feb 22 2022
    Petition DENIED.
  2. Jan 12 2022
    DISTRIBUTED for Conference of 2/18/2022.
  3. Dec 21 2021
    Waiver of right of respondent Janice Dsystra to respond filed.
  4. Dec 07 2021
    Petition for a writ of certiorari filed. (Response due January 10, 2022)
  5. Nov 05 2021
    Application (21A128) granted by Justice Barrett extending the time to file until December 10, 2021.
  6. Nov 01 2021
    Application (21A128) to extend the time to file a petition for a writ of certiorari from November 18, 2021 to January 6, 2022, submitted to Justice Barrett.