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Aspen Insurance (UK) Ltd., et al. v. Black & Veatch Corporation

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 16-3359 · judgment February 13, 2018


Certiorari denied · October 1, 2018
Pre-decision estimate: 3% cert probability

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

Question presented

The United States Court of Appeals for the Tenth Circuit, sitting in diversity, made a prediction of state law under Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938), finding that New York’s highest court would decline to follow New York intermediate appellate court precedent on an issue of coverage under a general liability insurance policy. The Tenth Circuit looked to a variety of sources, including commentary and authority from courts applying the law of other states, to make its prediction that New York’s highest court would not follow those intermediate appellate court decisions. The question presented is: 1. Whether a federal court sitting in diversity must give deference to state intermediate appellate court decisions on a question of state law, absent state highest court precedent, or whether those intermediate court decisions are merely one factor among many to be considered in predicting the highest court’s likely ruling on that question.

Counsel of record

For petitioner
Robert Jesse Franco II
Franco Moroney Buenik LLC

For respondent
Bennett L. Cohen
Polsinelli, PC

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, October 1, 2018 · Certiorari denied

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Jul 25 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Jul 13 2018
    Respondent's Rule 29.6 corporate disclosure statement received.
  4. Jul 10 2018
    Brief of respondent Black & Veatch Corporation in opposition filed.
  5. Jun 06 2018
    Petition for a writ of certiorari filed. (Response due July 13, 2018)