Supreme Court Report

Supreme Court of the United States · Official docket →

WY Plaza LC v. Safeway Stores 46 Inc.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 20-8064, 20-8066 · judgment April 7, 2023

Certiorari denied · November 6, 2023
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 an appellee is obligated to raise all alternative bases for affirmance in its answer brief, or risk waiver of those alternative bases, in contravention of the widely accepted no-waiver-by-appellees rule.

Counsel of record

For petitioner
Clifford Scott Davidson
Snell & Wilmer LLP

For respondent
John F. Kurtz Jr.
Kurtz Law PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 06 2023
    Petition DENIED.
  2. Oct 18 2023
    DISTRIBUTED for Conference of 11/3/2023.
  3. Oct 11 2023
    Reply of petitioner WY Plaza, LC filed.
    Main DocumentCertificate of Word CountProof of Service
  4. Sep 29 2023
    Brief of respondent Safeway Stores 46 Inc. in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  5. Aug 31 2023
    Petition for a writ of certiorari filed. (Response due October 5, 2023)
    PetitionAppendixCertificate of Word CountProof of Service