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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: 2% 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

Order
Order list, November 18, 2024 · Certiorari denied

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)