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Howmedica Osteonics Corp. v. DePuy Synthes Sales, Inc., et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-55126 · judgment March 14, 2022
Before the decision, about 5.2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.
Question presented
Under Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), federal courts sitting in diversity apply federal procedural law and state substantive law. Eight circuits have held that the validity and enforceability of forum-selection clauses is a procedural question governed by federal law. In the decision below, the Ninth Circuit joined the Seventh Circuit’s minority position and instead held that whether a forum-selection clause is valid is a substantive state-law issue. Thus, the Ninth Circuit refused to enforce a forum-selection clause under California’s ban on forum-selection clauses in employee non-compete agreements. See Cal. Lab. Code § 925. The question presented is: Whether, under Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), federal courts sitting in diversity should apply federal or state law to determine the validity of forum-selection clauses. (I)
Counsel of record
For petitioner
Lisa S. Blatt
Williams & Connolly LLP
For respondent
Anthony B. Haller
Blank Rome LLP
Proceedings
- Dec 12 2022Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
- Nov 22 2022DISTRIBUTED for Conference of 12/9/2022.
- Nov 21 2022Waiver of the 14-day waiting period for the distribution of the petition under 15.5 filed by petitioner.
- Nov 21 2022Reply of petitioner Howmedica Osteonics Corp. filed. (Distributed)
- Nov 16 2022Brief of respondents DePuy Synthes Sales, Inc., et al. in opposition filed.
- Sep 23 2022Motion to extend the time to file a response is granted and the time is extended to and including November 16, 2022.
- Sep 21 2022Motion to extend the time to file a response from October 17, 2022 to November 16, 2022, submitted to The Clerk.
- Sep 14 2022Petition for a writ of certiorari filed. (Response due October 17, 2022)
- Jun 30 2022Application (22A4) granted by Justice Kagan extending the time to file until September 14, 2022.
- Jun 28 2022Application (22A4) to extend the time to file a petition for a writ of certiorari from August 14, 2022 to September 14, 2022, submitted to Justice Kagan.