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Michelle M. Newbauer v. Carnival Corporation, dba Carnival Cruise Line

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-10955 · judgment February 28, 2022


Certiorari denied · October 3, 2022
Pre-decision estimate: 1% cert probability

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

Question presented

Whether the Eleventh Circuit required an unnecessary and unrealistic level of detail in pleading factual allegations supporting a facially plausible claim of knowledge or notice, contrary to Rule 8(a)(2), Federal Rules of Civil Procedure as interpreted in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009)? (i)

Counsel of record

For petitioner
Philip M. Gerson
Gerson & Schwartz, P.A.

For respondent
Juan Carlos Perez
Horr, Novak & Skipp, P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Sep 07 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Aug 29 2022
    Waiver of right of respondent Carnival Corporation to respond filed.
  4. Jul 27 2022
    Petition for a writ of certiorari filed. (Response due August 29, 2022)