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The Cordish Companies, Inc. v. Affiliated FM Insurance Company

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-2055 · judgment April 14, 2022


Certiorari denied · December 12, 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

Whether the Fourth Circuit violated the constitutional principles set forth in Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), which protect each state’s rights to establish its own laws regarding insurance by applying West Virginia law to a Maryland insurance coverage dispute, despite a pending certified question to be decided by the Maryland Court of Appeals that will be dispositive on the same issue Petitioner presented to the Fourth Circuit.

Counsel of record

For petitioner
Daniel J. Healy
Anderson Kill & Olick LLP

For respondent
Linda T. Coberly
Winston & Strawn, LLP

Case

Conference history
Distributed for 1 conference

Linked docket
22A172

Proceedings

  1. Dec 12 2022
    Petition DENIED.
  2. Dec 08 2022
    Letter petitioner Cordish Companies, Inc. filed.
  3. Nov 22 2022
    DISTRIBUTED for Conference of 12/9/2022.
  4. Nov 17 2022
    Waiver of right of respondent Affiliated FM Insurance Company to respond filed.
  5. Nov 03 2022
    Petition for a writ of certiorari filed. (Response due December 7, 2022)
  6. Oct 24 2022
    Application of THE CORDISH COMPANIES, INC. for a further extension of time not accepted for filing. (November 21, 2022)
  7. Sep 26 2022
    Application (22A172) granted by The Chief Justice extending the time to file until November 3, 2022.
  8. Sep 22 2022
    Application (22A172) to extend further the time from October 5, 2022 to November 3, 2022, submitted to The Chief Justice.
  9. Aug 29 2022
    Application (22A172) granted by The Chief Justice extending the time to file until October 5, 2022.
  10. Aug 19 2022
    Application (22A172) to extend the time to file a petition for a writ of certiorari from September 4, 2022 to November 3, 2022, submitted to The Chief Justice.