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Kevin J. Patten, et al. v. Travis S. Sweigart

Paid petition · United States Court of Appeals for the Third Circuit, No. 23-2397 · judgment July 29, 2024


Certiorari denied · January 13, 2025
Pre-decision estimate: 6% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Third Circuit decision below and a circuit split argued in the petition.

Question presented

Whether the Third Circuit’s imposition of a categorical rule against bifurcation of trials involving catastrophic injuries violates the letter and spirit of Fed.R.Civ.P.42, conflicts with decisions from other circuit courts and shields bifurcation decisions from meaningful appellate review?

Counsel of record

For petitioner
Maureen Murphy McBride
Lamb McErlane, PC

For respondent
Harold I. Goodman
Raynes & Lawn

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, January 13, 2025 · Certiorari denied

Proceedings

  1. Jan 13 2025
    Petition DENIED.
  2. Dec 04 2024
    DISTRIBUTED for Conference of 1/10/2025.
  3. Nov 29 2024
    Waiver of right of respondent Travis S. Sweigart to respond filed.
  4. Nov 25 2024
    Petition for a writ of certiorari filed. (Response due December 27, 2024)