Supreme Court Report

Supreme Court of the United States · Official docket →

Clifford A. Lowe, et al. v. ShieldMark, Inc., et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2025-1913 · judgment September 5, 2025


Certiorari denied · December 15, 2025
Pre-decision estimate: 2% cert probability

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

Question presented

The questions presented are:

  1. When a district court is presented with a motion for relief from judgment under Federal Rule of Civil Procedure 60(b), does it abuse its discretion by refusing to correct a sanctions award expressly based on facts and law the appellate court exposed to have been in error?

  2. Does a district court’s sanctions award violate the holding of this Court in Goodyear Tire & Rubber Co. v. Haeger, 581 U.S. 101 (2017) as being punitive when it is not causally connected but only temporally linked to the misconduct as expressly identified by the district court?

  3. Is the holding of this Court in Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 94 (1998), that a court has no authority to proceed after determining it lacks subject matter jurisdiction, weakened when an appellate court, after first finding the facts and law on which a sanctions award is expressly based (i.e., continuing litigation after relinquishing standing) to be in error, declines to hear whether the district court abuses its discretion in refusing to reconsider that sanctions award when confronted with those errors through a motion for relief from judgment under Rule 60(b) of the Federal Rules of Civil Procedure?

Counsel of record

For petitioner
Ray L. Weber
Renner, Kenner, Greive, Bobak, Taylor & Weber

For respondent
James Francis McCarthy III
Sand Sebolt & Wernow LPA

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 15 2025
    Petition DENIED.
  2. Nov 25 2025
    DISTRIBUTED for Conference of 12/12/2025.
  3. Nov 24 2025
    Waiver of right of respondent ShieldMark, Inc., et al. to respond filed.
  4. Nov 19 2025
    Petition for a writ of certiorari filed. (Response due December 22, 2025)