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Daniel Montes, Jr. v. Bertha A. Tibbs

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-20135 · judgment August 16, 2024


Certiorari denied · January 27, 2025
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

Questions presented

  1. In Caribbean Mills, Inc., 394 U.S. 823 (1969), this Court held that: “where the transfer of a claim is absolute, with the transferor retaining no interest in the subject matter, then the transfer is not improperly or collusively made, regardless of the transferor’s motive”,n. 9 (citations omitted).” The U.S. Court of Appeals for the Fifth Circuit upheld that the Plaintiff’s absolute assignment was improper. This presents the following issue: Whether the Fifth Circuit’s decision conflicts with this Court’s binding precedent in Caribbean Mills, Inc., 394 U.S. 823 (1969), footnote 9 (citations omitted)?

  2. In Celotex Corp. v. Catrett, 477 U.S. 317 (1986), this Court held that: “The plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion..”,at 322-326.

Counsel of record

For petitioner
Daniel Montes Jr.

For respondent
Ronald James Shaw
Shaw Law PLLC

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 27, 2025 · Certiorari denied

Proceedings

  1. Jan 27 2025
    Petition DENIED.
  2. Jan 08 2025
    DISTRIBUTED for Conference of 1/24/2025.
  3. Jan 02 2025
    Waiver of right of respondent Bertha A. Tibbs to respond filed.
  4. Sep 26 2024
    Petition for a writ of certiorari filed. (Response due January 3, 2025)