Supreme Court Report

Supreme Court of the United States · Official docket →

Breayonna Aaron, Individually and on Behalf of Richie Terrell Aaron, Jr., Deceased, and Her Minor Children, M. A., R. A. and L. A., et al. v. National Railroad Passenger Corporation, dba Amtrak

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 24-2654, 24-2693 · judgment December 31, 2025


Certiorari denied · October 19, 2026
Pre-decision estimate: 9% cert probability (95% interval 6%–16%)

Before the decision, about 2.3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and an Eighth Circuit decision below, and down for a business respondent.

Questions presented

Under Federal Rule of Civil Procedure 50, a court may grant judgment as a matter of law where there is no “legally sufficient evidentiary basis to find for the party on that issue.” But Rule 50 does not specify what is “legally sufficient.” Both the States and the lower federal courts have developed their own distinct standards for determining legal sufficiency. And, as this Court has recognized, federal courts are split over whether state or federal law governs legal sufficiency on state-law claims in federal court. Petitioner Breayonna Aaron, individually and on behalf of her children, sued Amtrak under Missouri law for negligence and the wrongful death of her husband, Richie Terrell Aaron, Jr., following his tragic shooting on an Amtrak train. After a trial, a jury found for Mrs. Aaron, and the district court denied Amtrak’s motions for judgment as a matter of law. The Eighth Circuit reversed. Despite Mrs. Aaron’s urging, the court refused to apply Missouri’s legal sufficiency standard, which requires that a jury’s verdict be respected unless there is a “complete absence of probative facts” to support it. Instead, the court undertook its own qualitative assessment of the evidence and set aside the verdict. The questions presented are:

  1. Whether state or federal law governs the standard for the legal sufficiency of the evidence underlying a motion for judgment as a matter of law as to a state-law claim in federal court.

  2. If federal law governs this determination, whether a court may decide legal sufficiency based on its own qualitative assessment that reweighs, or selectively considers, the evidence heard by the jury.

Counsel of record

For petitioner
Gregory George Garre
Latham & Watkins LLP

For respondent
Jerry A Cuomo
Landman Corsi Ballaine & Ford P.C.

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
25A1215

Order
Order list, October 19, 2026 · Certiorari denied

Proceedings

  1. Oct 19 2026
    Petition DENIED.
  2. Sep 30 2026
    DISTRIBUTED for Conference of 10/16/2026.
  3. Sep 29 2026
    Reply of petitioners Breayonna Aaron, et al. filed. (Distributed)
  4. Sep 11 2026
    Brief of respondent National Railroad Passenger Corporation, dba Amtrak in opposition filed.
  5. Aug 07 2026
    Brief amicus curiae of Professor Paul Schiff Berman filed.
  6. Jul 17 2026
    Motion to extend the time to file a response is granted and the time is extended to and including September 11, 2026.
  7. Jul 16 2026
    Motion to extend the time to file a response from August 7, 2026 to September 11, 2026, submitted to The Clerk.
  8. Jul 02 2026
    Petition for a writ of certiorari filed. (Response due August 7, 2026)
  9. May 06 2026
    Application (25A1215) granted by Justice Kavanaugh extending the time to file until July 2, 2026.
  10. May 01 2026
    Application (25A1215) to extend the time to file a petition for a writ of certiorari from May 20, 2026 to July 2, 2026, submitted to Justice Kavanaugh.