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Michael Nordyke v. Howmedica Osteonics Corp.

Paid petition · United States Court of Appeals for the Third Circuit, No. 16-3682 · judgment August 15, 2017

Certiorari denied · March 19, 2018
Pre-decision estimate: 5% cert probability

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

Question presented

  1. Whether this Court’s decision in Atlantic Marine Construction Corp. v. United States District Court, 134 S. Ct. 568 (2013), supplants the traditional transfer of venue analysis under 28 U.S.C. § 1404(a) where some, but not all, parties to a litigation have agreed to a forum-selection contract. (i)

Counsel of record

For petitioner
Jed L. Marcus
Bressler, Amery & Ross, P.C.

For respondent
Michael Dale Wexler
Seyfarth Shaw

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, March 19, 2018 · Certiorari denied

Proceedings

  1. Mar 19 2018
    Petition DENIED.
  2. Feb 21 2018
    DISTRIBUTED for Conference of 3/16/2018.
  3. Feb 20 2018
    Reply of petitioner Michael Nordyke filed.
  4. Feb 07 2018
    Brief of respondent Howmedica Osteonics Corp. in opposition filed.
  5. Jan 08 2018
    Petition for a writ of certiorari filed. (Response due February 8, 2018)