Supreme Court of the United States · Official docket →
Cedrick Frazier, et al. v. Southeast Georgia Health System, Inc., et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 24-10976 · judgment October 1, 2024
Certiorari denied · April 21, 2025
Pre-decision estimate: 1% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
- Now exists split of authority where Ninth Circuit, in Gregory v. State of Montana, 118 F.4th 1069 (9th Cir. 2024), held district court committed legal error by relying on inherent authority in imposing sanctions because Fed.R. Civ.P.37(e) governs both loss of electronically stored information [“ESI”] and by its plain terms displaces court’s power to invoke inherent authority. Here, the suit was colorable because it was scheduled for trial and there was a prior finding of “No Bad Faith.” Goodyear Tire and Rubber Co. v. Haeger, 137 S.Ct. 1178, 1189 (2017). Tenth and Seventh Circuits hold “fraud upon the court” is directed to judicial machinery itself and not alleged fraud between parties. Here, the attorney was not implicated and parties were not given notice of “fraud upon the court” prior to hearing. Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 (1944). The first question presented is: Whether federal court’s case-ending sanction relying on inherent authority based on implied fabrication of ESI and surprise finding of “fraud upon the court” is punitive and legal error violating Seventh Amendment and due process rights thereby requiring criminal protections and application of Rule 37(e) where: 1) colorable MedMal jury trial scheduled; 2) no willful contempt; 3) dismissal Order omits prior finding of “No Bad Faith;” and 4) record modification by other parties during litigation?
Counsel of record
For petitioner
Marcus James Thomas
Law Office of M.J. Thomas
For respondent
Steven P. Bristol
Hall Booth Smith, P.C.
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 21 2025Petition DENIED.
- Mar 26 2025DISTRIBUTED for Conference of 4/17/2025.
- Mar 24 2025Waiver of right of respondent Southeast Georgia Health System, Inc., et al. to respond filed.
- Dec 31 2024Petition for a writ of certiorari filed. (Response due April 16, 2025)