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Pamela D. Sutherland v. DCC Litigation Facility, Inc.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-1976 · judgment June 27, 2024


Certiorari denied · November 18, 2024
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

Was a Jury Trial Properly Denied Petitioner, and What Could a Jury Decide? A. Did Dow pay $3.2 Billion, as it agreed to pay? B. Should Dow be discharged in Bankruptcy, if it did not pay $3.2 Billion? C. Did the Opt-out Plaintiff get a chance to prove injury from Breast Implants? D. If Dow delayed payment for 30 years, can Plaintiff prove Dow paid nothing but Investment-interest? E. Are there Constitutional 14th Amendment issues of “due process” and “equal protection, plus 5th Amendment “taking”?

Counsel of record

For petitioner
James L Elsman Jr.
Elsman Law Firm

For respondent
Christian Charles Huffman
Garan Lucow Miller, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 18 2024
    Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
  2. Oct 30 2024
    DISTRIBUTED for Conference of 11/15/2024.
  3. Oct 01 2024
    Waiver of right of respondent DCC Litigation Facility, Inc to respond filed.
  4. Sep 25 2024
    Petition for a writ of certiorari filed. (Response due October 28, 2024)