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Kevin Cichowski, et al. v. Discover Bank

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 24-10154 · judgment August 20, 2024


Certiorari denied · October 6, 2025
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Is the presumption in kerr of getting legal mail in 3 days is out of date? Kerr v. McDonald’s Corp., 427 F.3d 947, 953 n.9 (11th Cir. 2005).. Courts apply a presumption of three days for receipt by mail. BUT the mail system has permanently changed. And petitioners have solid proof. This court’s own mail was late being sent to the cichowskis. Tracking number 9205590220086377897751

Counsel of record

For petitioner
Kevin Cichowski

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 27 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jan 14 2025
    Petition for a writ of certiorari filed. (Response due August 15, 2025)