Supreme Court of the United States · Official docket →
Pete Szmurlo v. TK Elevator Corporation, et al.
IFP petition · United States Court of Appeals for the Seventh Circuit, No. 24-3202 · judgment March 7, 2025
Questions presented
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Whether a temporary restraining order (TRO) exceeding 14 days becomes a de facto preliminary injunction requiring immediate appellate review under Sampson v. Murray.
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Whether the district court's misclassifying of a long-term injunction as a TRO to avoid appellate review violates due process and the Anti-Injunction Act and Federal Rule of Civil Procedure 65, depriving Plaintiff of his right to an appeal.
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Whether the defendants' selective disclosure of privileged information in administrative proceedings triggered a subject matter waiver under IL/Federal Rule of Evidence 502, barring their LMRA preemption defense.
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Whether federal courts lack subject-matter jurisdiction ovei state-law claims removed via sham LMRA preemption defensi violating Caterpillar's well pleaded complaint rule, Garmon preemption pending NLRB investigation, and Glacier Northw« for IIED outside of personality disputes or personal damage o property, licenses, state employee files, and public records.
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Whether Glacier Northwest bars preemption of state law ck involving criminal misconduct (eavesdropping, IPRRA fraud).
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Whether fraudulent removal void ab initio deprives federal courts of jurisdiction to enjoin state law claims.
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Whether mailing delays causing missed deadlines constitut "good cause" to reinstate an appeal when IFP status cures procedural defects.
Counsel of record
For petitioner
Pete Szmurlo
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 17 2025Petition DENIED.
- Oct 30 2025DISTRIBUTED for Conference of 11/14/2025.
- Jun 28 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2025)