Supreme Court Report

Supreme Court of the United States · Official docket →

Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC

Paid petition · United States Court of Appeals for the Third Circuit, No. 21-1562 · judgment August 30, 2022


Decided · February 21, 2024
Pre-decision estimate: 19% cert probability (95% interval 12%–28%)

Before the decision, about 4.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Third Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.

Questions presented

Granted limited to question 2 presented by the petition. The questions presented are:

  1. Under federal admiralty law, what is the standard for judging the enforcement of a choice of law clause in a maritime contract?

  2. Under federal admiralty law, can a choice of law clause in a maritime contract be rendered unenforceable if enforcement is contrary to the "strong public policy" of the state whose law is displaced?

Counsel of record

For petitioner
Jeffrey B. Wall
Sullivan & Cromwell LLP

For respondent
Howard Jonathan Bashman
Law Offices of Howard J. Bashman

Case

Conference history
Distributed for 4 conferences

Amicus briefs
7 merits
(4 supporting pet./neither, 3 respondent)

Argument & decision

Argued October 10, 2023 — Jeffrey B. Wall · Howard J. Bashman. Audio and transcript

Decided February 21, 2024. Opinion by Kavanaugh.

Proceedings

  1. Aug 13 2024
    Record returned to the United States Court of Appeals for the Third Circuit.
  2. Mar 25 2024
    Judgment Issued.
  3. Feb 21 2024
    Judgment REVERSED. Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion.
  4. Oct 10 2023
    Argued. For petitioner: Jeffrey B. Wall, Washington, D. C. For respondent: Howard J. Bashman, Fort Washington, Pa.
  5. Aug 30 2023
    Reply of petitioner Great Lakes Insurance SE filed. (Distributed)
  6. Aug 07 2023
    Brief amicus curiae of United Policyholders filed. (Distributed)
  7. Aug 07 2023
    Brief amici curiae of Louisiana, et al. filed. (Distributed)
  8. Aug 07 2023
    Brief amicus curiae of American Association for Justice filed. (Distributed)
  9. Jul 31 2023
    Brief of respondent Raiders Retreat Realty Co., LLC filed. (Distributed)
  10. Jul 28 2023
    Complete record on appeal from the United States Court of Appeals for the Third Circuit received electronically and available with the Clerk (one DVD).
  11. Jul 27 2023
    CIRCULATED
  12. Jul 17 2023
    Record requested from the United States Court of Appeals for the Third Circuit.
  13. Jul 14 2023
    SET FOR ARGUMENT on Tuesday, October 10, 2023.
  14. Jun 02 2023
    Brief amici curiae of The American Institute of Marine Underwriters, et al. filed.
  15. Jun 02 2023
    Brief amici curiae of Chamber of Commerce of the United States of America; American Property Casualty Insurance Association filed.
  16. May 31 2023
    Brief amici curiae of Professors John F. Coyle, et al. filed.
  17. May 30 2023
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  18. May 26 2023
    Brief of petitioner Great Lakes Insurance SE filed.
  19. May 25 2023
    Brief amicus curiae of New England Legal Foundation (June 6, 2023) filed.
  20. May 12 2023
    Motion to dispense with printing the joint appendix filed by petitioner Great Lakes Insurance SE.
  21. Apr 07 2023
    Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 26, 2023. The time to file respondent's brief on the merits is extended to and including July 31, 2023.
  22. Mar 24 2023
    Motion for an extension of time to file the briefs on the merits filed.
  23. Mar 06 2023
    Petition GRANTED limited to Question 2 presented by the petition.
  24. Feb 27 2023
    DISTRIBUTED for Conference of 3/3/2023.
  25. Feb 21 2023
    DISTRIBUTED for Conference of 2/24/2023.
  26. Jan 25 2023
    DISTRIBUTED for Conference of 2/17/2023.
  27. Jan 24 2023
    Reply of petitioner Great Lakes Insurance SE filed. (Distributed)
  28. Jan 06 2023
    Brief of respondent Raiders Retreat Realty Co., LLC in opposition filed.
  29. Dec 09 2022
    Response Requested. (Due January 9, 2023)
  30. Dec 07 2022
    DISTRIBUTED for Conference of 1/6/2023.
  31. Dec 01 2022
    Waiver of right of respondent Raiders Retreat Realty Co., LLC to respond filed.
  32. Nov 23 2022
    Petition for a writ of certiorari filed. (Response due December 30, 2022)