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Shirley T. Sherrod, et al. v. Julie A. Su, Acting Secretary of Labor

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 22-2204, 22-2205 · judgment May 10, 2023

Certiorari denied · December 11, 2023
Pre-decision estimate: 2% cert probability

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

Question presented

Whether the underlying rulings contradict the plain text of the applicable ERISA provisions in finding a breach of Petitioners’ fiduciary duties and disavow Rule 15 of the Federal Rules of Civil Procedure in depriving the Petitioners of the statutory right to amend their affirmative defenses?

Counsel of record

For petitioner
Christopher P. Keleher
The Keleher Appellate Law Group, LLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Dec 01 2023
    Rescheduled.
  3. Dec 01 2023
    DISTRIBUTED for Conference of 12/8/2023.
  4. Nov 14 2023
    DISTRIBUTED for Conference of 12/1/2023.
  5. Nov 07 2023
    Waiver of right of respondent Su, Julie A. to respond filed.
    Main Document
  6. Oct 10 2023
    Petition for a writ of certiorari filed. (Response due November 20, 2023)
    PetitionCertificate of Word CountProof of Service