Supreme Court Report

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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: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition filed soon after the judgment below, and a Sixth Circuit decision below, and down for a business respondent.

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

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

Conference history
Distributed for 1 conference

Order
Order list, February 26, 2018 · Certiorari denied

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)