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R.J. Reynolds Tobacco Company v. Marlene Nally, as Personal Representative of the Estate of Joseph Nally, Sr., Deceased

Paid petition · District Court of Appeal of Florida, Second District, No. 2D16-4024 · judgment September 28, 2018


Certiorari denied · February 25, 2019
Pre-decision estimate: 8% cert probability (95% interval 5%–12%)

Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, 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 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
Michael A. Carvin
Jones Day

For respondent
George Alexander Vaka
Vaka Law Group

Case

Conference history
Distributed for 1 conference

Linked docket
18A640

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. Jan 30 2019
    Waiver of right of respondent Marlene Nally to respond filed.
  4. Jan 10 2019
    Petition for a writ of certiorari filed. (Response due February 11, 2019)
  5. Dec 20 2018
    Application (18A640) granted by Justice Thomas extending the time to file until January 10, 2019.
  6. Dec 17 2018
    Application (18A640) to extend the time to file a petition for a writ of certiorari from December 27, 2018 to January 10, 2019, submitted to Justice Thomas.