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Skatemore, Inc., dba Roll Haven Skating Center, et al. v. Gretchen Whitmer, Governor of Michigan, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-2985 · judgment July 19, 2022


Certiorari denied · December 12, 2022
Pre-decision estimate: 6% cert probability (95% interval 3%–10%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a business petitioner, and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

Does the Fifth Amendment’s requirement of “just compensation,” as incorporated by the Fourteenth Amendment, waive Eleventh Amendment Sovereign Immunity for a takings claim in federal court against a state.

Counsel of record

For petitioner
Stephen Paul Kallman
Kallman Legal Group, PLLC

For respondent
Daniel J. Ping
Michigan Department of Attorney General

Case

Conference history
Distributed for 1 conference

Order
Order list, December 12, 2022 · Certiorari denied

Proceedings

  1. Dec 12 2022
    Petition DENIED.
  2. Nov 22 2022
    DISTRIBUTED for Conference of 12/9/2022.
  3. Nov 16 2022
    Waiver of right of respondent Gretchen Whitmer, et al. to respond filed.
  4. Oct 17 2022
    Petition for a writ of certiorari filed. (Response due November 21, 2022)