Supreme Court Report

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Prime Insurance Company v. Darnell Wright

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 22-1002 · judgment January 13, 2023


Certiorari denied · October 2, 2023
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a business petitioner, and a petition filed soon after the judgment below.

Question presented

Congress requires motor carriers to maintain minimum levels of financial responsibility to cover liability “for the transportation of property … between a place in a State and … a place in another State.” 49 U.S.C. 31139(b)(1). Recognizing a circuit split on the meaning of that phrase, the Seventh Circuit held that the coverage requirement applies to liability arising from an intrastate journey by a truck carrying no property at all, adopting a novel interpretation of the statute that departed from the approaches of the two courts of appeals and three state high courts that previously addressed the issue. The question presented is: Whether a trip of an empty truck between two locations in the same state qualifies as “transportation of property … between a place in a State and … a place in another State,” 49 U.S.C. 31139(b)(1). (i)

Counsel of record

For petitioner
Zachary D. Tripp
Weil, Gotshal & Manges LLP

For respondent
David Arthur Singleton
Blackburn Romey

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Jul 05 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Jun 30 2023
    Reply of petitioner Prime Insurance Company filed. (Distributed)
  4. Jun 16 2023
    Brief of respondent Darnell Wright in opposition filed.
  5. May 17 2023
    Amicus brief of Trucking Industry Defense Association not accepted for filing. (July 05, 2023) (Petitioner re-filed using motion)
  6. May 17 2023
    Motion for leave to file amicus brief filed by Trucking Industry Defense Association.
  7. May 01 2023
    Motion to extend the time to file a response is granted and the time is extended to and including June 16, 2023.
  8. Apr 28 2023
    Motion to extend the time to file a response from May 17, 2023 to June 16, 2023, submitted to The Clerk.
  9. Apr 13 2023
    Petition for a writ of certiorari filed. (Response due May 17, 2023)