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Jennifer Tom v. Martin J. O'Malley, Commissioner of Social Security

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-16977 · judgment May 2, 2024


Certiorari denied · December 9, 2024
Pre-decision estimate: 0% cert probability

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

Question presented

Federal Rule 50 requires a court to make a decision when a party has presented all their evidence on an issue, and there is not enough legal evidence for a reasonable jury to find in favor of that party on that issue. The standard for making this decision under Federal Rule 50 is similar to the standard for summary judgment under Federal Rule 56. Federal Rule 56 the court must carefully review all the evidence in the record, drawing all reasonable inferences in favor of the nonmoving party, but making no credibility determinations or weighing any evidence. Lytle v. Household Mfg., Inc., 494 U. S. 545, 554-555. Fed. R. Civ. P. 52(a) ("In all actions tried upon the facts without a jury ..., the court shall find facts specifically and state separately its

Counsel of record

For petitioner
Jennifer Tom

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 03 2025
    Rehearing DENIED.
  2. Feb 12 2025
    DISTRIBUTED for Conference of 2/28/2025.
  3. Dec 30 2024
  4. Dec 09 2024
    Petition DENIED.
  5. Nov 13 2024
    DISTRIBUTED for Conference of 12/6/2024.
  6. Nov 08 2024
    Waiver of right of respondent O'Malley, Martin to respond filed.
  7. Sep 13 2024
    Petition for a writ of certiorari filed. (Response due November 8, 2024)