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EEE Minerals, LLC, et al. v. North Dakota, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-2159 · judgment August 30, 2023


Certiorari denied · March 25, 2024
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, an Eighth Circuit decision below, and a business petitioner.

Question presented

Whether sovereign immunity bars a claim asserting the constitutional right to just compensation for a taking of property by a state?

Counsel of record

For petitioner
J. David Breemer
Pacific Legal Foundation

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 25 2024
    Petition DENIED.
  2. Mar 06 2024
    DISTRIBUTED for Conference of 3/22/2024.
  3. Jan 19 2024
    Petition for a writ of certiorari filed. (Response due February 23, 2024)