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Aryeh Simon, et ux. v. Marriott International, Inc., et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-385 · judgment October 21, 2019


Certiorari denied · April 27, 2020
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

The United States Constitution requires that parties have at least minimally diverse citizenship for a federal court to exercise diversity jurisdiction over a particular matter. See State Farm Fire & Cas. Co. v. Tashire, 386 U.S. 523, 530-31 (1967). The Class Action Fairness Act (“CAFA”) similarly provides that federal courts can exercise only exercise diversity jurisdiction over class action lawsuits in which, inter alia, at least one member of the proposed class of plaintiffs is diverse from one defendant. 28 U.S.C. § 1332(d)(2). The question presented is whether a federal court can disregard the requirement of minimal diversity to exercise jurisdiction over a case that undisputedly lacks diversity, based on the court’s belief that policy interests underlying CAFA support an exercise of federal jurisdiction.

Counsel of record

For petitioner
Tillman J. Breckenridge
Stris & Maher LLP

For respondent
Daniel Rubin Warren
Baker Hostetler LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 27 2020
    Petition DENIED.
  2. Apr 10 2020
    Reply of petitioners Aryeh Simon, et al. filed. (Distributed)
  3. Apr 08 2020
    DISTRIBUTED for Conference of 4/24/2020.
  4. Mar 23 2020
    Brief of respondents Marriott International, Inc., et al. in opposition filed.
  5. Feb 24 2020
    Response Requested. (Due March 25, 2020)
  6. Feb 12 2020
    DISTRIBUTED for Conference of 2/28/2020.
  7. Feb 04 2020
    Waiver of right of respondents Marriott International, Inc., et al. to respond filed.
  8. Jan 16 2020
    Petition for a writ of certiorari filed. (Response due February 18, 2020)