Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Cluck v. Union Pacific Railroad Company

Petition for certiorari denied on January 14, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-410 Mo. N/A N/A N/A N/A OT 2012

Issue: Whether, to establish liability under the Federal Employer’s Liability Act (“FELA,” 45 U.S.C. § 51, et seq.) a plaintiff must prove that a co-employee’s specific negligent act was intended to further the employer’s business.

DateProceedings and Orders
Oct 1 2012Petition for a writ of certiorari filed. (Response due November 2, 2012)
Oct 18 2012Order extending time to file response to petition to and including December 3, 2012.
Dec 3 2012Brief of respondent Union Pacific Railroad Company in opposition filed.
Dec 18 2012Reply of petitioner Eddie Cluck filed.
Dec 19 2012DISTRIBUTED for Conference of January 11, 2013.
Jan 14 2013Petition DENIED.
Term Snapshot