Supreme Court of the United States · Official docket →
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
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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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.
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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
Subject area
Federalism (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 9, 2018 · Certiorari denied
Proceedings
- Oct 09 2018Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
- Sep 12 2018DISTRIBUTED for Conference of 10/5/2018.
- Sep 06 2018Waiver of right of respondent Honeywell International, Inc. to respond filed.
- Aug 23 2018Petition for a writ of certiorari filed. (Response due September 27, 2018)