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Estate of Najee Ali Baker, By and Through His Ancillary Administrator Jemel Ali Dixon v. Wake Forest University

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-1920 · judgment May 23, 2022


Certiorari denied · November 14, 2022
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 federal-government petitioner and a Fourth Circuit decision below.

Questions presented

  1. Whether a federal court of appeals that affirms summary judgment for a defendant in a diversity jurisdiction case, without addressing all well-grounded, independent bases for statelaw liability, violates its obligation of responsible and meaningful appellate review.

  2. Whether the Fourth Circuit Court of Appeals clearly misapprehended the summary judgment standards established by this Court by crediting the movant-Respondent’s evidence, drawing factual inferences in movant-Respondent’s favor, and failing to acknowledge or credit nonmovant-Petitioner’s key contradictory evidence.

Counsel of record

For petitioner
Jonathon Nicholas Fazzola
The Fierberg National Law Group, PLLC

For respondent
Robert J. King III
Brooks, Pierce, McLendon, Humphrey & Leonard, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 14 2022
    Petition DENIED.
  2. Oct 25 2022
    DISTRIBUTED for Conference of 11/10/2022.
  3. Oct 14 2022
    Waiver of right of respondent Wake Forest University to respond filed.
  4. Sep 16 2022
    Petition for a writ of certiorari filed. (Response due October 20, 2022)