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Philip Morris USA Inc. v. Elaine Jordan

Paid petition · District Court of Appeal of Florida, First District, No. 1D15-5871 · judgment April 3, 2018


Certiorari denied · February 25, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a dissent in the court below (flagged in the petition), and a business petitioner.

Question presented

This case presents the same question as the forthcoming petitions for writs of certiorari in Philip Morris USA Inc. v. Boatright and R.J. Reynolds Tobacco Co. v. Searcy: Whether the Due Process Clause is violated by a rule of preclusion that permits plaintiffs to invoke the preclusive effect of a prior jury’s findings to establish elements of their claims without showing that those elements were actually decided in their favor in the prior proceeding.

Counsel of record

For petitioner
Miguel A. Estrada
Gibson, Dunn & Crutcher LLP

For respondent
John Stewart Mills
The Mills Firm, P.A.

Case

Conference history
Distributed for 2 conferences

Linked docket
18A182

Proceedings

  1. Feb 25 2019
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Feb 06 2019
    DISTRIBUTED for Conference of 2/22/2019.
  3. Nov 29 2018
    Rescheduled.
  4. Nov 20 2018
    DISTRIBUTED for Conference of 12/7/2018.
  5. Nov 19 2018
    Reply of petitioner Philip Morris USA Inc. filed.
  6. Nov 05 2018
    Brief of respondent Elaine Jordan in opposition filed.
  7. Oct 26 2018
    Petition for a writ of certiorari filed. (Response due November 26, 2018)
  8. Sep 14 2018
    Application (18A182) granted by Justice Thomas extending the time to file until October 26, 2018.
  9. Sep 11 2018
    Application (18A182) to extend further the time from September 21, 2018 to October 26, 2018, submitted to Justice Thomas.
  10. Aug 21 2018
    Application (18A182) granted by Justice Thomas extending the time to file until September 21, 2018.
  11. Aug 17 2018
    Application (18A182) to extend the time to file a petition for a writ of certiorari from August 27, 2018 to September 21, 2018, submitted to Justice Thomas.