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USIC, LLC v. Northern Illinois Gas Company

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-13377 · judgment April 18, 2023


Certiorari denied · January 8, 2024
Pre-decision estimate: 3% cert probability

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

Questions presented

  1. If a federal court of appeals construes a filing below as a postjudgment motion tolling the time for appeal, does that court have authority to reverse a district court’s decision based on an argument that was presented for the first time in the “postjudgment motion” and was not based on new evidence or a change in law?

  2. Does a final order exist under 28 U.S.C. § 1291 and Federal Rule of Civil Procedure 58 where the district court grants summary judgment without an accompanying opinion and asks one of the parties to submit a proposed order?

Counsel of record

For petitioner
David Bradley Helms
GM Law PC

For respondent
Gary James Toman
Weinberg, Wheeler, Hudgins, Gunn& Dial LLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 08 2024
    Petition DENIED.
  2. Dec 06 2023
    DISTRIBUTED for Conference of 1/5/2024.
  3. Dec 04 2023
    Reply of petitioner USIC, LLC filed. (Distributed)
  4. Nov 20 2023
    Brief of respondent Northern Illinois Gas Company in opposition filed.
  5. Oct 16 2023
    Petition for a writ of certiorari filed. (Response due November 20, 2023)