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Kohlberg Ventures, LLC v. Peter Wojciechowski

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-15966 · judgment May 8, 2019

Certiorari denied · November 12, 2019
Pre-decision estimate: 4% cert probability

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

Question presented

Under federal rules of res judicata, when a lawsuit is dismissed with prejudice by agreement, should a term of the agreement that purports to allow the plaintiff to file a subsequent lawsuit against non-parties be sufficient, standing alone and without express court authorization, to permit the plaintiff to bring the same settled and dismissed claim in a separate lawsuit against new defendants based on the liability theory that all defendants had acted as a “single employer,” or otherwise acted as a “single enterprise”?

Counsel of record

For petitioner
Daniel L. Thieme
Littler Mendelson, P.C.

For respondent
Jack A. Raisner
Outten & Golden LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 12 2019
    Petition DENIED.
  2. Oct 23 2019
    DISTRIBUTED for Conference of 11/8/2019.
  3. Oct 03 2019
    Waiver of right of respondent Peter Wojciechowski to respond filed.
  4. Sep 13 2019
    Petition for a writ of certiorari filed. (Response due October 17, 2019)