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Remingtyn A. Williams, et al. v. Lamar A. Davis, Superintendent, Louisiana State Police

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-30181 · judgment January 6, 2023


Certiorari denied · May 15, 2023
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below.

Question presented

In Swint v. Chambers Cnty. Comm’n, 514 U.S. 35, 51 (1995), this Court noted in dicta that it may be appropriate for a court of appeals to exercise pendent appellate jurisdiction over an issue that is otherwise not immediately appealable under narrow circumstances where the non-appealable issue is “inextricably intertwined” with an immediately appealable collateral order or where review of the former is “necessary to ensure meaningful review” of the latter. The question presented is: May a court of appeals exercise pendent appellate jurisdiction to consider an issue, such as standing, that “significantly overlaps” with an immediately appealable collateral order, such as state sovereign immunity under the Eleventh Amendment, but is not “essential to the resolution of [a] properly appealed collateral order[]”?

Counsel of record

For petitioner
Jared Mitchell Gerber
Cleary Gottlieb Steen & Hamilton, LLP

For respondent
Dennis Joseph Phayer
Burglass & Tankersley, LLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 15 2023
    Petition DENIED.
  2. Apr 19 2023
    DISTRIBUTED for Conference of 5/11/2023.
  3. Apr 17 2023
    Waiver of right of respondent Lamar A. Davis, Superintendent, Louisiana State Police to respond filed.
  4. Apr 06 2023
    Petition for a writ of certiorari filed. (Response due May 10, 2023)