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Georgia-Pacific Consumer Products LP, et al. v. International Paper Company, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-1806 · judgment April 25, 2022


Certiorari denied · October 2, 2023
Pre-decision estimate: 9% cert probability (95% interval 5%–13%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a Sixth Circuit decision below, and down for a business respondent.

Question presented

CERCLA’s three-year statute of limitations for an “action for contribution for any response costs or damages” under § 113(f) begins running on “the date of judgment in any action under [CERCLA] for recovery of such costs or damages.” 42 U.S.C. § 9613(g)(3)(A). Does a bare declaratory judgment that determines liability but imposes no “costs” and awards no “damages” trigger that statute of limitations?

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Andrew Michael Grossman
Baker & Hostetler LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Linked docket
22A195

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Sep 08 2023
    Supplemental brief of respondents International Paper Company, et al. filed. (Distributed)
  3. Sep 06 2023
    DISTRIBUTED for Conference of 9/26/2023.
  4. Sep 06 2023
    Supplemental brief of petitioners Georgia-Pacific Consumer Products LP, et al. filed. (Distributed)
  5. Aug 23 2023
    Brief amicus curiae of United States filed.
  6. Mar 06 2023
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  7. Feb 15 2023
    DISTRIBUTED for Conference of 3/3/2023.
  8. Feb 15 2023
    Reply of petitioners Georgia-Pacific Consumer Products LP, et al. filed. (Distributed)
  9. Jan 27 2023
    Brief of respondent Weyerhaeuser Company in opposition filed.
  10. Jan 27 2023
    Brief of respondent International Paper Company in opposition filed.
  11. Dec 05 2022
    Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2023, for all respondents.
  12. Dec 02 2022
    Motion to extend the time to file a response from December 16, 2022 to January 27, 2023, submitted to The Clerk.
  13. Nov 14 2022
    Petition for a writ of certiorari filed. (Response due December 16, 2022)
  14. Aug 31 2022
    Application (22A195) granted by Justice Kavanaugh extending the time to file until November 14, 2022.
  15. Aug 29 2022
    Application (22A195) to extend the time to file a petition for a writ of certiorari from October 12, 2022 to November 14, 2022, submitted to Justice Kavanaugh.