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Highland Construction Management Services, LP, et al. v. Wells Fargo Bank, N.A.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-1429 · judgment November 3, 2017


Certiorari denied · May 21, 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

Pursuant to the Erie Doctrine, must federal courts use state interpretation methodologies when recognizing novel state common law causes of action? Recognizing the important federalism issues articulated in Expressions Hair Design v. Schneiderman, 137 S. Ct. 1144, 197 L. Ed. 2d 442 (2017), is it time for bright line rules regarding certification of novel state common law causes of action, as adopted by the Second Circuit Court of Appeals, rather than the subjective discretion standard, as exists in the remaining Circuits?

Counsel of record

For petitioner
John P. Flannery II

For respondent
Stephen C. Leckar
Kalbain Hagerty LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 21 2018
    Petition DENIED.
  2. May 01 2018
    DISTRIBUTED for Conference of 5/17/2018.
  3. Apr 13 2018
    Brief of respondent Wells Fargo Bank, N.A., for the benefit of Jerome Guyant IRA in opposition filed.
  4. Mar 12 2018
    Petition for a writ of certiorari filed. (Response due April 13, 2018)