Supreme Court of the United States · Official docket →
Dennis G. Collins, et al. v. Metropolitan Life Insurance Company
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 23-1351 · judgment September 20, 2024
Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a dissent in the court below (flagged in the petition), and down for a business respondent.
Question presented
Whether a United States Court of Appeals can—sua sponte—affirm a district court’s judgment on Rule 9(b) and other grounds that neither the parties nor the district court ever addressed below or in the parties’ appellate briefing and, as a result, were waived on appeal, especially when the appellants had no opportunity to amend their complaint.
Counsel of record
For petitioner
Thomas Cusack Cronin
Cronin & Co., LTD
For respondent
Sandra Denise Hauser
Dentons US LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 03 2025Petition DENIED.
- Feb 12 2025DISTRIBUTED for Conference of 2/28/2025.
- Feb 10 2025Reply of petitioners Dennis Collins, et al. filed. (Distributed)
- Jan 27 2025Brief of respondent Metropolitan Life Insurance Company in opposition filed.
- Dec 19 2024Petition for a writ of certiorari filed. (Response due January 27, 2025)