Supreme Court of the United States · Official docket →
McLaughlin Freight Services, Inc. v. ContiTech USA, Inc.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 23-1379 · judgment January 25, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a business petitioner, and down for a business respondent.
Question presented
Federal Rule of Civil Procedure 59(d) establishes a twenty-eight-day deadline for a court to award a new trial on its own initiative, and Rule 59(e) imposes the same deadline to alter or amend a judgment. This Court has held that similar rules of procedure are mandatory claim-processing rules that courts cannot “disregard.” Nutraceutical Corp. v. Lambert, 139 S. Ct. 710, 714 (2019). The question presented is: Can a district court disregard Rule 59’s claim-processing rule by sua sponte remitting and amending a judgment more than nine months after Rule 59’s twenty-eight-day deadline expires?
Counsel of record
For petitioner
Abram Vogel Carls
Simmons Perrine Moyer Bergman, PLC
For respondent
Michael Ambrose Dee
Brown, Winick, Graves, Gross and Baskerville, PLC
Case
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 7, 2024 · Certiorari denied
Proceedings
- Oct 07 2024Petition DENIED.
- Jul 17 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 01 2024Brief of respondent ContiTech USA, Inc. in opposition filed.
- May 28 2024Petition for a writ of certiorari filed. (Response due July 1, 2024)