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Philip Morris USA Inc. v. Vickie McKeever, as Personal Representative of the Estate of Theodore McKeever

Paid petition · District Court of Appeal of Florida, Fourth District, No. 4D15-2493 · judgment January 4, 2017


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 petitions for writs of certiorari filed today 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 that permits plaintiffs to invoke 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, 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 plaintiffs’ favor in that 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
18A279

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 27 2018
    Rescheduled.
  4. Dec 26 2018
    DISTRIBUTED for Conference of 1/11/2019.
  5. Dec 10 2018
    Waiver of right of respondent Vickie McKeever to respond filed.
  6. Nov 19 2018
    Petition for a writ of certiorari filed. (Response due December 20, 2018)
  7. Sep 19 2018
    Application (18A279) granted by Justice Thomas extending the time to file until November 22, 2018.
  8. Sep 14 2018
    Application (18A279) to extend the time to file a petition for a writ of certiorari from September 23, 2018 to November 22, 2018, submitted to Justice Thomas.