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Jason Lou Peralta, et al. v. Worthington Industries, Inc., et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-15140 · judgment April 29, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below, and down for a business respondent.

Questions presented

  1. Should the United States Supreme Court exercise its supervisory powers under 28 U.S.C. § 2072 to impose a requirement of mandatory disqualification of Chief Judges of the Courts of Appeals from appeals that necessitate review of earlier orders issued pursuant to their dual roles as arbiters of judicial misconduct and disability complaints as well as general appeals judges?

  2. May the Chief Judge of the Court of Appeals, who is the subject of a pending judicial misconduct complaint, serve on a panel deciding the merits of an appeal involving the complainant?

  3. Is a motion to disqualify an appellate judge and set aside the underlying appellate decision considered the same as a petition for rehearing for the purpose of commencing the 90-day period to file a petition for a writ of certiorari?

  4. Where dismissal of an underlying District Court case was arguably the result of the disqualification of an attorney, should the order disqualifying the attorney be set aside upon proof that the disqualification was caused in substantial part by a demonstrably false statement made by the Chief Judge about the attorney?

  5. If an order disqualifying the attorney is set aside, should all adverse orders that followed it also be set aside?

Counsel of record

For petitioner
Daniel Jason Russo
Maas & Russo LLP

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Sep 11 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Jul 26 2024
    Petition for a writ of certiorari filed. (Response due August 29, 2024)