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R.J. Reynolds Tobacco Company v. Gwendolyn E. Odom, as Personal Representative of the Estate of Juanita Thurston

Paid petition · Supreme Court of Florida, No. SC17-563 · judgment September 20, 2018

Dismissed · March 5, 2019

Pre-decision estimate: 2% 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 petitions for writs of certiorari filed November 19, 2018 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 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
Jeffrey S. Bucholtz
King & Spalding LLP

For respondent
David J. Sales
David J. Sales P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

Mar 05 2019
Agreement to dismiss the petition for writ of certiorari pursuant to Rule 46.1 filed.
Mar 05 2019
Petition Dismissed - Rule 46.
Feb 04 2019
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019.
Jan 31 2019
Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk.
Jan 25 2019
Response Requested. (Due February 25, 2019)
Jan 16 2019
DISTRIBUTED for Conference of 2/15/2019.
Jan 07 2019
Waiver of right of respondent Gwendolyn E. Odom, as Personal Representative to respond filed.
Dec 17 2018
Petition for a writ of certiorari filed. (Response due January 22, 2019)