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Robert Bartlett, et al. v. Honeywell International, Inc.

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-1907 · judgment May 25, 2018

Certiorari denied · October 9, 2018
Pre-decision estimate: 4% cert probability

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

Questions presented

  1. Did the Circuit Court’s Summary Order, which held that CERCLA preempts Petitioners’ common law tort claims, directly contradict this Court’s decision in CTS Corp. v. Waldburger, 134 S. Ct. 2175 (2014), based on a plain reading of CERCLA’s statutory language and Congressional intent.

  2. Did the Circuit Court’s err by applying the incorrect legal standard in deciding that CERCLA preempts Petitioners’ common law tort claims?

Counsel of record

For petitioner
Kenneth F. McCallion
McCallion & Associates LLP

For respondent
Brian D. Israel
Arnold & Porter LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 09 2018
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Sep 12 2018
    DISTRIBUTED for Conference of 10/5/2018.
  3. Sep 06 2018
    Waiver of right of respondent Honeywell International, Inc. to respond filed.
  4. Aug 23 2018
    Petition for a writ of certiorari filed. (Response due September 27, 2018)