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Eastern Pacific Shipping PTE, Limited, dba EPS v. Kholkar Vishveshwar Ganpat

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-30168 · judgment April 28, 2023


Certiorari denied · December 11, 2023
Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Whether a federal court may properly issue an injunction requiring the termination of litigation in a foreign court based solely on a conclusion that the foreign litigation will cause hardship to the movant and will frustrate related U.S. litigation.

Counsel of record

For petitioner
Jonathan Charles Bond
Gibson, Dunn & Crutcher LLP

For respondent
Richard Massie Martin Jr.
Lamothe Law Firm, LLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Nov 21 2023
    DISTRIBUTED for Conference of 12/8/2023.
  3. Nov 20 2023
    Reply of petitioner Eastern Pacific Shipping PTE, Limited, d/b/a EPS filed. (Distributed)
  4. Nov 06 2023
    Brief of respondent Kholkar Vishveshwar Ganpat in opposition filed.
  5. Oct 26 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including November 6, 2023.
  6. Oct 24 2023
    Motion to extend the time to file a response from November 3, 2023 to November 6, 2023, submitted to The Clerk.
  7. Sep 07 2023
    Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2023.
  8. Sep 05 2023
    Motion to extend the time to file a response from September 27, 2023 to November 3, 2023, submitted to The Clerk.
  9. Aug 24 2023
    Petition for a writ of certiorari filed. (Response due September 27, 2023)