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Roofing Designs by JR, L.L.C., dba Roofing Designs v. Royal American Construction, Incorporated, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 25-20048 · judgment January 13, 2026


GVR'd · October 13, 2026
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a petition under 3,000 words.

Question presented

  1. Whether the doctrine of judicial estoppel can be invoked to bar a plaintiff who fails to fully or accurately disclose a civil claim in bankruptcy filings from pursuing that claim simply because there is a “potential motive” for nondisclosure, regardless of whether there is evidence that the plaintiff in fact acted in bad faith [Petitioner requests a GVR when this Court decides Keathley v. Buddy Ayers Const., Inc., No. 25-6, ___ S. Ct. ___ (pending for the 2025- 26 term)].

Counsel of record

For petitioner
Susan Jeanne Clouthier
Clouthier Law, PLLC

For respondent
Julie Ann Countiss
Conklin Countiss Sternfels PLLC

Case

Conference history
Distributed for 2 conferences

Order
Order list, October 13, 2026 · Summary disposition

Proceedings

  1. Oct 13 2026
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Keathley v. Buddy Ayers Construction, Inc., 608 U. S. 647 (2026).
  2. Sep 23 2026
    DISTRIBUTED for Conference of 10/9/2026.
  3. Sep 18 2026
    Reply of petitioner Roofing Designs by JR, L.L.C., dba Roofing Designs filed.
  4. Sep 08 2026
    Brief of respondents Royal American Construction, Incorporated, et al. in opposition filed.
  5. Aug 07 2026
    Response Requested. (Due September 8, 2026)
  6. Jul 22 2026
    DISTRIBUTED for Conference of 9/28/2026.
  7. Jun 04 2026
    Petition for a writ of certiorari filed. (Response due July 9, 2026)