Supreme Court of the United States · Official docket →
Brent Andrew Brackett Arbogast v. Pfizer Inc., as Successor to Wyeth Pharmaceuticals, et al.
Paid petition · United States Court of Appeals for the First Circuit, No. 23-1481, 23-1591 · judgment June 20, 2024
Certiorari denied · October 6, 2025
Pre-decision estimate: 0% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
-
Does the Fifth Amendment require appellate courts to rule on a petitioner’s briefed arguments and alleged facts rather than unraised theories and facts?
-
Can a defendant employer dismiss a claim brought under the Fair Labor Standards Act (FLSA) by filing an unsigned Rule 41(a)(1) stipulation of dismissal without plaintiffs consent?
Counsel of record
For petitioner
Brent Andrew Brackett Arbogast
For respondent
Bejamin Davis
Proceedings
- Oct 06 2025Petition DENIED.
- Jul 09 2025DISTRIBUTED for Conference of 9/29/2025.
- Jun 16 2025Waiver of right of respondents Pfizer, Inc., Leigh Cowdrick, John Brack and Kerri Lewandowski to respond filed.
- Jun 06 2025Waiver of right of respondents Thomas M. Clossen, Micheal J. Lambert, and Sheehan, Phinney, Bass & Green, P.A. to respond filed.
- Mar 03 2025Petition for a writ of certiorari filed. (Response due June 30, 2025)
- Dec 20 2024Application (24A609) granted by Justice Jackson extending the time to file until March 3, 2025.
- Dec 10 2024Application (24A609) to extend the time to file a petition for a writ of certiorari from January 2, 2025 to March 3, 2025, submitted to Justice Jackson.