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Peter Daza v. Indiana, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 21-3247 · judgment August 10, 2022


Certiorari denied · January 9, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition filed soon after the judgment below, and counsel who has filed here before.

Question presented

National Railroad Passenger Corp. v. Morgan, 536 U.S. 101, 110-114 (2002) held that failures to hire were separate discrete acts, not continuing acts, even though they are related acts. Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., 140 S.Ct. 1589, 1594-1595 (2020) held that claims for related acts that occurred at different times with different facts are not in the same transaction and are not barred by claim preclusion. By stating in this case before the Court that discrete acts before a judgment and related discrete acts after a judgment are in the same transaction, the Seventh Circuit has created the problem of precluding cases for new related discrete acts that occur after a judgment and creating unlawful immunity for new related discrete acts that occur after a judgment. By stating that discrete acts before a judgment and related discrete acts after a judgment are one transaction and must be litigated together, the Seventh Circuit has created the problem of extending for years the limitation periods for the one long transaction until the related discrete acts stop. The Seventh Circuit indicated that its decision below was settled law and threatened sanctions if an argument is made against the decision. App. 8. This case presents the following question: whether a judgment on discrete acts that occur before a judgment

Counsel of record

For petitioner
Richard Louis Darst
Cohen, Garelick & Glazier

For respondent
Aaron Thomas Craft
Office of the Indiana Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 09 2023
    Petition DENIED.
  2. Dec 21 2022
    DISTRIBUTED for Conference of 1/6/2023.
  3. Dec 13 2022
    Waiver of right of respondent Indiana, et al. to respond filed.
  4. Nov 08 2022
    Petition for a writ of certiorari filed. (Response due December 12, 2022)