Supreme Court Report

Supreme Court of the United States · Official docket →

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

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-1493 · judgment June 14, 2022


Certiorari denied · November 21, 2022
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Did the United States Court of Appeals for the Fourth Circuit violate the principle of Erie v. Thompkins by denying Bel Air’s motion to defer its ruling and by deciding the appeal against Bel Air when: (a) the issue presented to it on appeal by Bel Air was pending before the Maryland Court of Appeals on a certification from the United States District Court for the District of Maryland and a decision by the Maryland Court of Appeals would be dispositive on the issue to be decided by the Fourth Circuit in Bel Air’s appeal; and (b) the First and Ninth Circuits deferred ruling on appeals before them raising the same issue as was before the Fourth Circuit when the issue on appeal was pending for decision by the highest courts of the states of Massachusetts and Washington, respectively.

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. Nov 21 2022
    Petition DENIED.
  2. Nov 02 2022
    DISTRIBUTED for Conference of 11/18/2022.
  3. Oct 27 2022
    Waiver of right of respondent Great Northern Insurance Company to respond filed.
  4. Oct 24 2022
    Petition for a writ of certiorari filed. (Response due November 25, 2022)