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BYD Motors Inc. v. Soderholm Sales and Leasing, Inc.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-16778, 21-16779 · judgment November 10, 2022


Certiorari denied · May 30, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a dissent in the court below, and a business petitioner, and down for a business respondent.

Question presented

Whether the Memorandum disposition, where the majority of the split appellate panel affirmed the district court’s appealed decision without having conducted a de novo review of the district court’s interpretation of the Hawaii statute at issue, conflicts with Salve Regina College v. Russell, 499 U.S. 225, 111 S. Ct. 1217, 113 L. Ed. 2d 190 (1991).

Counsel of record

For petitioner
Christian Keola Adams
Adams Krek LLP

For respondent
Jeffrey Philip Miller
Miller Shea, LLLP

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, May 30, 2023 · Certiorari denied

Proceedings

  1. May 30 2023
    Petition DENIED.
  2. May 25 2023
    Stipulation to withdraw the petition submitted. (Received June 1, 2023)
  3. May 09 2023
    DISTRIBUTED for Conference of 5/25/2023.
  4. May 03 2023
    Reply of petitioner BYD Motors Inc. filed.
  5. Apr 24 2023
    Brief of respondent Soderholm Sales and Leasing, Inc. in opposition filed.
  6. Mar 22 2023
    Petition for a writ of certiorari filed. (Response due April 24, 2023)