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R.J. Reynolds Tobacco Company, et al. v. Mary Faricy Pardue, as Personal Representative of the Estate of John N. Faricy

Paid petition · District Court of Appeal of Florida, First District, No. 1D17-959 · judgment June 13, 2018


Certiorari denied · February 25, 2019
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

This case presents the same question as the forthcoming petitions for writs of certiorari in R.J. Reynolds Tobacco Co. v. Searcy and Philip Morris USA Inc. v. Boatright: Is the Due Process Clause violated by a rule that permits a plaintiff to invoke a prior jury’s findings to establish elements of her claims without showing that those elements were actually decided in her favor in the prior proceeding, based merely on the fact that the defendant had an opportunity to be heard on those issues in the prior proceeding and the possibility that the relevant issues might have been decided in the plaintiff’s favor in that proceeding?

Counsel of record

For petitioner
Jeffrey S. Bucholtz
King & Spalding LLP

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

Case

Conference history
Distributed for 2 conferences

Linked docket
18A234

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. Dec 13 2018
    Rescheduled.
  4. Dec 12 2018
    DISTRIBUTED for Conference of 1/4/2019.
  5. Dec 11 2018
    Reply of petitioner R.J. Reynolds Tobacco Company filed.
  6. Nov 27 2018
    Brief of respondent Mary Pardue in opposition filed.
  7. Nov 14 2018
    Letter of November 14, 2018, from counsel for petitioner received.
  8. Nov 09 2018
    Petition for a writ of certiorari filed. (Response due December 14, 2018)
  9. Sep 14 2018
    Application (18A234) granted by Justice Thomas extending the time to file until November 9, 2018.
  10. Sep 11 2018
    Application (18A234) to extend further the time from September 21, 2018 to November 9, 2018, submitted to Justice Thomas.
  11. Sep 07 2018
    Application (18A234) granted by Justice Thomas extending the time to file until September 21, 2018.
  12. Aug 31 2018
    Application (18A234) to extend the time to file a petition for a writ of certiorari from September 11, 2018 to September 21, 2018, submitted to Justice Thomas.