Supreme Court Report

Supreme Court of the United States · Official docket →

Janice C. Amara, et al., Individually and on Behalf of All Others Similarly Situated v. Cigna Corporation, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-202, 20-3219 · judgment November 10, 2022


Certiorari denied · May 15, 2023
Pre-decision estimate: 3% cert probability

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

Question presented

Under the final-judgment and merger rules, a final, appealable decision under 28 U.S.C. §1291 normally comes at the end of district court proceedings, at which point all interlocutory decisions that are not moot merge into the final judgment and are within the scope of appellate review. A majority of the courts of appeals do not distinguish between prejudgment and postjudgment proceedings in determining finality. Instead, they apply the rule that a postjudgment order “is deemed final if it disposes of all the issues raised in the motion that initially sparked the postjudgment proceedings” and is “apparently the last order to be entered in the action.” Mayer v. Wall St. Equity Grp., Inc., 672 F.3d 1222, 1224 (11th Cir. 2012). However, the Second Circuit and two other circuits treat the resolution of matters within postjudgment proceedings “differently.” App. 15a. They apply a socalled “pragmatic finality” approach which can require that postjudgment orders be treated as final and immediately appealed using standards that Wright & Miller (§3913) describes as “case-by-case” and “elastic.” The Question Presented is: May litigants wait until the end of postjudgment proceedings to appeal, with the scope of appeal including all related postjudgment decisions, or is the right to appeal postjudgment orders subject to caseby-case balancing?

Counsel of record

For petitioner
Christopher J. Wright
HWG LLP

For respondent
Michael Edward Kenneally Jr.
Morgan, Lewis & Bockius LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 15 2023
    Petition DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.
  2. Apr 25 2023
    DISTRIBUTED for Conference of 5/11/2023.
  3. Apr 20 2023
    Waiver of right of respondents Cigna Corporation, et al. to respond filed.
  4. Apr 12 2023
    Petition for a writ of certiorari filed. (Response due May 15, 2023)