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New Mighty U.S. Trust, et al. v. Robert Shi, as Executor of the Will of Yueh-Lan Wang, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 18-7066 · judgment March 15, 2019


Certiorari denied · October 21, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below and a circuit split argued in the petition.

Question presented

Whether a forum resident bears a heightened burden to establish that a suit brought by a foreign plaintiff should be dismissed under the doctrine of forum non conveniens, as the Court of Appeals below and the Fourth and Eighth Circuits have held, or bears no heightened burden, as the Third, Sixth, and Seventh Circuits have held.

Counsel of record

For petitioner
Boris Bershteyn
Skadden, Arps, Slate, Meagher & Flom LLP

For respondent
Daniel Seth Weinberger
Gibbons P.C.

Case

Conference history
Distributed for 1 conference

Linked docket
19A7

Proceedings

  1. Oct 21 2019
    Motion for leave to file amicus brief filed by Professor George A. Bermann GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.
  2. Oct 21 2019
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  3. Oct 02 2019
    DISTRIBUTED for Conference of 10/18/2019.
  4. Sep 20 2019
    Motion for leave to file amicus brief filed by Professor George A. Bermann.
  5. Sep 12 2019
    Waiver of right of respondents Robert Shi, et al. to respond filed.
  6. Aug 21 2019
    Petition for a writ of certiorari filed. (Response due September 20, 2019)
  7. Jun 28 2019
    Application (19A7) to extend the time to file a petition for a writ of certiorari from July 22, 2019 to August 21, 2019, submitted to The Chief Justice.
  8. Jun 21 2019
    Application (19A7) granted by The Chief Justice extending the time to file until August 21, 2019.