Supreme Court of the United States · Official docket →
ECB USA, Inc., a Florida Corporation, et al. v. Chubb Insurance Company of New Jersey, et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 22-10811 · judgment August 29, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below, and down for a business respondent.
Questions presented
-
Whether under the mandate of Erie v. Tompkins, 304 U.S. 64 (1938), a federal court is permitted to apply federal common law rules of construction in lieu of well settled state law principles of contract interpretation as articulated by the New Jersey Supreme Court. In other words, are the rules of construction of a contract “quintessentially substantive,” rather than procedural, thereby mandating the application of state contract law to decide interpretation questions?
-
Whether the U.S. Court of Appeals for the Eleventh Circuit erred in refusing to follow Third Circuit precedent construing a New Jersey contract under New Jersey law, thereby creating an untenable split of authority.
-
Whether the U.S. Court of Appeals for the Eleventh Circuit erred in factfinding that an insured was a sophisticated party when there is nothing in the record supporting such a finding and the issue was never raised, briefed, or argued below.
Counsel of record
For petitioner
Joel S. Magolnick
Marko & Magolnick, P.A.
For respondent
Gary L. Sasso
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 24 2025Petition DENIED.
- Feb 26 2025DISTRIBUTED for Conference of 3/21/2025.
- Feb 21 2025Waiver of right of respondent Chubb Insurance Company of New Jersey, a New Jersey Insurance Company Corporation, et al. to respond filed.
- Jan 21 2025Petition for a writ of certiorari filed. (Response due February 24, 2025)