Supreme Court Report

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Tata Consultancy Services Limited, et al. v. Epic Systems Corporation

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 22-2420 · judgment July 14, 2023

Certiorari denied · November 20, 2023
Pre-decision estimate: 9% cert probability (95% interval 5%–15%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below, and down for a business respondent.

Questions presented

  1. Whether avoided costs are available as unjust enrichment damages where they both do not reflect any actual benefit obtained by the defendant and there is no economic harm to the trade secret holder?

  2. Whether a $140 million punitive damages award, on top of a $140 million unjust enrichment damages award, is excessive, where the plaintiff suffered no harm, the defendant did not benefit from the misappropriation, and the unjust enrichment damages award already served a deterrent function?

Counsel of record

For petitioner
Robert N. Hochman
Sidley Austin, LLP

For respondent
Michael T. Brody
Jenner & Block LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 20 2023
    Petition DENIED.
  2. Nov 01 2023
    DISTRIBUTED for Conference of 11/17/2023.
  3. Oct 30 2023
    Waiver of right of respondent Epic Systems Corporation to respond filed.
    Main Document
  4. Oct 10 2023
    Petition for a writ of certiorari filed. (Response due November 13, 2023)
    PetitionAppendixCertificate of Word CountProof of Service