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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


Certiorari denied · March 8, 2021
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 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

  1. Mar 08 2021
    Petition DENIED.
  2. Feb 17 2021
    DISTRIBUTED for Conference of 3/5/2021.
  3. Feb 11 2021
    Reply of petitioner Herman Miller, Inc. filed. (Distributed)
  4. Feb 01 2021
    Brief of respondent Blumenthal Distributing, Inc. d/b/a Office Star in opposition filed.
  5. Dec 23 2020
    Petition for a writ of certiorari filed. (Response due February 1, 2021)