Supreme Court of the United States · Official docket →
Gary E. Albright, et al. v. United States
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2019-2078, 2019-2080, 2019-2090, 2019-2316 · judgment December 1, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Does constitutional federalism require a federal court that confronts an outcome-determinative and unresolved State law issue that is particularly within the expertise of a State court—here, whether railroad deeds created an easement or fee simple title, a question antecedent to Petitioners’ Fifth Amendment takings claim—to certify the question of State law to the State’s highest court rather than making an Erieguess about how the State’s highest court would decide the issue? Under what standards may a federal court make an Erie-guess about how the State’s highest court would decide an outcome-determinative issue?
Counsel of record
For petitioner
James Harold Hulme
Arent Fox LLP
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Amicus briefs
1 cert-stage
Proceedings
- Oct 04 2021Petition DENIED.
- Aug 25 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 18 2021Waiver of right of respondent United States to respond filed.
- Aug 17 2021Brief amici curiae of Cato Institute, et al. filed.
- Jul 15 2021Petition for a writ of certiorari filed. (Response due August 18, 2021)