Supreme Court of the United States · Official docket →
Irina Tesoriero v. Carnival Corporation, dba Carnival Cruise Line
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-11638 · judgment July 14, 2020
Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and a dissent in the court below, and down for a business respondent.
Question presented
Whether federal courts may grant an adverse inference as a sanction for negligent spoliation of evidence, as the Second, Sixth, and D.C. Circuits have held, or whether “bad faith” is the standard, as held by the Eleventh Circuit below, as well as the Third, Fifth, Seventh, Eighth, and Tenth Circuits.
Counsel of record
For petitioner
Paulo Roberto Lima
Russo Appellate Firm, P.A.
For respondent
Curtis J. Mase
Mase Mebane
Case
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, April 19, 2021 · Certiorari denied
Proceedings
- Apr 19 2021Petition DENIED.
- Mar 24 2021DISTRIBUTED for Conference of 4/16/2021.
- Mar 15 2021Waiver of right of respondent Carnival Corporation d/b/a Carnival Cruise Line to respond filed.
- Feb 05 2021Petition for a writ of certiorari filed. (Response due March 15, 2021)