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Herman Miller, Inc. v. Blumenthal Distributing, Inc., dba Office Star
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-56471,18-56493 · judgment June 25, 2020
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a dissent in the court below (flagged in the petition), and a business petitioner, and down for a business respondent.
Question presented
Where the appellate court in this action substituted its own findings of fact in place of a jury verdict; and where it is undisputed that the jury was properly and precisely instructed as to the applicable law; and where the jury verdict was sustained by the district court after post-trial motions, should this Court enter an order granting, vacating and remanding in view of the identical or nearly identical question raised in the case already pending in this Court in Google, LLC v. Oracle America, Inc., No. 18-956 where the appellate court likewise displaced the jury’s factual findings.
Counsel of record
For petitioner
Jonathan E. Moskin
Foley & Lardner LL P
For respondent
David A. Dillard
Lewis Roca Rothgerber Christie LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 08 2021Petition DENIED.
- Feb 17 2021DISTRIBUTED for Conference of 3/5/2021.
- Feb 11 2021Reply of petitioner Herman Miller, Inc. filed. (Distributed)
- Feb 01 2021Brief of respondent Blumenthal Distributing, Inc. d/b/a Office Star in opposition filed.
- Dec 23 2020Petition for a writ of certiorari filed. (Response due February 1, 2021)