| ~~~Date~~~ | ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Nov 2 2004 |
Petition for a writ of certiorari filed. (Response due December 6, 2004) |
| Feb 2 2005 |
DISTRIBUTED for Conference of February 18, 2005. |
| Feb 22 2005 |
DISTRIBUTED for Conference of February 25, 2005. |
| Feb 28 2005 |
Petition GRANTED limited to the following question: Whether, and to what extent, a court of appeals may review the sufficiency of evidence supporting a civil jury verdict where the party requesting review made a motion for judgment as a matter of law under Rule 50(a) of the Federal Rules of Civil Procedure before submission of the case to the jury, but neither renewed that motion under Rule 50(b) after the jury's verdict, nor moved for a new trial under Rule 59. |
| Mar 25 2005 |
Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including May 13, 2005. |
| May 13 2005 |
Brief amicus curiae of United States filed. |
| May 13 2005 |
Joint appendix filed. |
| May 13 2005 |
Brief of petitioner Unitherm Food Systems, Inc. filed. |
| Jun 3 2005 |
Extension of time within which to file respondents' brief on the merits to and including July 15, 2005. |
| Jun 9 2005 |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Jun 27 2005 |
Letter of ConAgra stating non-opposition to motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument received. |
| Jul 15 2005 |
Brief of respondents Swift Eckrich, Inc., dba Conagra Refrigerated Foods, et al. filed. |
| Jul 20 2005 |
SET FOR ARGUMENT on November 2, 2005. |
| Aug 5 2005 |
CIRCULATED. |
| Aug 18 2005 |
Reply of petitioner Unitherm Food Sys, Inc. filed. (Distributed) |
| Sep 2 2005 |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Sep 15 2005 |
Supplemental brief of respondent Swift Eckrich, Inc., dba Conagra Refrigerated Foods, et al. filed. (Distributed) |
| Sep 22 2005 |
Motion to strike respondent's supplemental brief filed by petitioner Unitherm Food Sys, Inc. |
| Sep 27 2005 |
Record received from U.S.C.A. for Federal Circuit. (1 box) |
| Oct 5 2005 |
Motion DISTRIBUTED for Conference of October 28, 2005. |
| Oct 6 2005 |
Exhibits received from Gregg Castro, Counsel for Unitherm Foods. (1 box) |
| Oct 12 2005 |
Record received from U.S.D.C. for Western Dist. of Oklahoma. (4 boxes) This record contains sealed documents. |
| Oct 14 2005 |
Exhibits received from Robert Schroder, Counsel for Swift-Eckrich, Inc. |
| Oct 31 2005 |
Motion to strike brief filed by petitioner DENIED. |
| Nov 2 2005 |
Argued. For petitioner: Burck Bailey, Oklahoma City, Okla.; and Malcolm L. Stewart, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for the United States, as amicus curiae.) For respondent: Robert A. Schroeder, Los Angeles, Cal. |
| Jan 23 2006 |
Judgment REVERSED Thomas, J., delivered the opinion of the Court, in which Roberts, C.J., and O'Connor, Scalia, Souter, Ginsburg, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, in which Kennedy, J., joined. |
| Feb 17 2006 |
Petition for Rehearing filed. |
| Mar 1 2006 |
DISTRIBUTED for Conference of March 17, 2006. |
| Mar 20 2006 |
Rehearing DENIED. |
| Mar 20 2006 |
JUDGMENT ISSUED. |
| Mar 21 2006 |
Acknowledgement of receipt (02/14/06) of judgment from Clerk, United States Court of Appeals for the Federal Circuit received. |
| Apr 26 2006 |
Record returned to U.S.D.C. for Western District of Oklahoma. |
| Apr 26 2006 |
Exhibits returned to Gregg Castro, Counsel for Unithem Foods. |
| Apr 26 2006 |
Exhibits retuturned to Robert Schroder, Counsel for Swift-Eckrich, Inc. |
| Aug 8 2006 |
Record returned to U.S.C.A. Federal Circuit. |