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Damon Simon, et ux. v. Roche Diagnostics Corporation

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-20661 · judgment July 6, 2021


Certiorari denied · December 6, 2021
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below, and down for a business respondent.

Questions presented

  1. Whether the court of appeals applied an improper standard of review in exercising its discretion when ruling on the Simons’ request to certify the dispositive state law question to the Supreme Court of Texas. 2. Whether the court of appeals abused its discretion in denying the Simons’ request to certify the dispositive state law question to the Supreme Court of Texas.

Counsel of record

For petitioner
Timothy A. Hootman
Hootman & Company

For respondent
Nicholas Alford
Faegre Drinker Biddle & Reath LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 06 2021
    Petition DENIED.
  2. Nov 09 2021
    DISTRIBUTED for Conference of 12/3/2021.
  3. Nov 03 2021
    Waiver of right of respondent Roche Diagnostics Corporation to respond filed.
  4. Oct 06 2021
    Petition for a writ of certiorari filed. (Response due November 8, 2021)