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Shell Oil Products Co., L.L.C., et al. v. Rhode Island

Paid petition · United States Court of Appeals for the First Circuit, No. 19-1818 · judgment October 29, 2020


GVR'd · May 24, 2021
Pre-decision estimate: 14% cert probability (95% interval 8%–23%)

Before the decision, about 3.3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a First Circuit decision below, and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

Whether 28 U.S.C. § 1447(d) authorizes appellate review of any issue encompassed in a remand order when removal was premised in part on the federal-officer removal statute, 28 U.S.C. § 1442, or the civilrights removal statute, 28 U.S.C. § 1443.

Counsel of record

For petitioner
Theodore J. Boutrous Jr.
Gibson, Dunn & Crutcher LLP

For respondent
Victor M. Sher
Sher Edling LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 25 2021
    JUDGMENT ISSUED.
  2. May 24 2021
    Motion for leave to file amicus brief filed by Energy Policy Advocates GRANTED. Justice Alito took no part in the consideration or decision of this motion.
  3. May 24 2021
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of BP p.l.c. v. Mayor and City Council of Baltimore, 593 U. S. ___ (2021). Justice Alito took no part in the consideration or decision of this petition.
  4. May 17 2021
    DISTRIBUTED for Conference of 5/20/2021.
  5. Apr 21 2021
    DISTRIBUTED for Conference of 5/13/2021.
  6. Apr 05 2021
    Brief of respondent State of Rhode Island in opposition filed.
  7. Feb 04 2021
    Motion for leave to file amicus brief filed by Energy Policy Advocates.
  8. Feb 01 2021
    Motion to extend the time to file a response is granted and the time is extended to and including April 5, 2021.
  9. Jan 29 2021
    Motion to extend the time to file a response from February 4, 2021 to April 5, 2021, submitted to The Clerk.
  10. Dec 30 2020
    Petition for a writ of certiorari filed. (Response due February 4, 2021)