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Kathy Jean Gatza, et al. v. DCC Litigation Facility, Inc.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 16-2396, 16-2397 · judgment October 31, 2017

Certiorari denied · February 26, 2018
Pre-decision estimate: 1% cert probability

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

Question presented

UNDER FEDERAL RULES OF CIVIL PROCEDURE 16(b)(4) AND 37(c)(1), WHICH OF THE CONFLICTING CIRCUIT COURT DECISIONS CORRECTLY STATES THE STANDARDS APPLICABLE TO A MOTION TO ADD AN EXPERT WITNESS WHEN PREVIOUSLY NAMED EXPERTS ARE CHALLENGED UNDER FRE 702 AND THE PRINCIPLES OF DAUBERT V. MERRELL DOW PHARMACEUTICALS, 509 U.S. 579 (1993)

Counsel of record

For petitioner
Mark Roy Bendure
Bendure & Thomas

For respondent
Christopher Landau
Ellis George LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 26 2018
    Petition DENIED.
  2. Feb 07 2018
    DISTRIBUTED for Conference of 2/23/2018.
  3. Jan 30 2018
    Waiver of right of respondent DCC Litigation Facility, Incorporated to respond filed.
  4. Jan 25 2018
    Petition for a writ of certiorari filed. (Response due February 28, 2018)