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Bel Air Auto Auction, Inc. v. Great Northern Insurance Company

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-1493


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 dissent in the court below (flagged in the petition) and a business petitioner, and down for a business respondent.

Question presented

Did the United States Court of Appeals for the Fourth Circuit abuse its discretion and so far depart from the accepted and usual course of judicial proceedings as to call for the exercise by the Supreme Court of its supervisory power when, by orders of the Clerk acting for the Court, it denied Bel Air Auto Auction Inc.’s motion for certification and motion for reconsideration of that denial and refused to certify to the Maryland Court of Appeals the novel questions of Maryland insurance contract law as to which no controlling Maryland appellate decision, constitutional provision, or statute existed and that would have been determinative of the questions in Bel Air’s appeal as well as the same questions in at least eight other nearly identical cases pending in Maryland state and federal courts.

Counsel of record

For petitioner
Lawrence Jay Gebhardt
Gebhardt & Smith, LLP

For respondent
Jonathan D. Hacker
O'Melveny & Myers LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 06 2021
    Petition DENIED.
  2. Nov 16 2021
    DISTRIBUTED for Conference of 12/3/2021.
  3. Nov 11 2021
    Waiver of right of respondent Great Northern Insurance Co. to respond filed.
  4. Nov 08 2021
    Petition for a writ of certiorari before judgment filed. (Response due December 10, 2021)