No. 18-1053

Ashland Specialty Co., Inc. v. Dale W. Steager, West Virginia State Tax Commissioner

Lower Court: West Virginia
Docketed: 2019-02-11
Status: Denied
Type: Paid
Amici (2)Response RequestedResponse WaivedRelisted (2)
Tags: bajakajian-standard civil-monetary-penalty civil-noncompliance civil-penalty cooper-industries-v-leatherman eighth-amendment excessive-fines excessive-fines-clause-8th-amendment gross-disproportionality grossly-disproportionate master-settlement-agreement proportionality regulatory-compliance state-tax united-states-v-bajakajian
Key Terms:
AdministrativeLaw ERISA Punishment
Latest Conference: 2019-06-13 (distributed 2 times)
Question Presented (AI Summary)

Whether a 500% civil penalty imposed on a small business for inadvertent noncompliance is grossly disproportionate under the Eighth Amendment's Excessive Fines Clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED A State punished a small business’s inadvertent civil noncompliance by automatically applying a civil monetary penalty at the maximum percentage rate — 500% — without exercising discretion or considering any mitigating circumstances. Was the penalty grossly disproportionate to the offense and unconstitutional under the Eighth Amendment’s Excessive Fines Clause and United States uv. Bajakajian? In light of the myriad criteria currently employed by state and federal courts to evaluate gross disproportionality, should the Court resolve the multiple splits and affirmatively adopt factors, like those in Cooper Industries v. Leatherman, to decide whether a civil monetary penalty is_ grossly disproportionate to the underlying offense?

Docket Entries

2019-06-17
Petition DENIED.
2019-05-28
Proof of Service filed with respect to reply brief of petitioner Ashland Specialty Co., Inc.
2019-05-28
DISTRIBUTED for Conference of 6/13/2019.
2019-05-24
Reply of petitioner Ashland Specialty Co. Inc. filed.
2019-05-15
Brief of respondent Dale Steager, State Tax Commissioner of West Virginia in opposition filed.
2019-03-25
Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2019.
2019-03-21
Motion to extend the time to file a response from April 15, 2019 to May 15, 2019, submitted to The Clerk.
2019-03-18
Certificate of service with respect to brief amicus curiae of The Bluegrass Institution filed.
2019-03-15
Response Requested. (Due April 15, 2019)
2019-03-14
Supplemental brief of petitioner Ashland Specialty Co. Inc. filed.
2019-03-13
Brief amicus curiae of The Bluegrass Institution filed.
2019-03-06
DISTRIBUTED for Conference of 3/22/2019.
2019-02-25
Blanket Consent filed by Petitioner, Ashland Specialty Co. Inc.
2019-02-21
Waiver of right of respondent Dale Steager to respond filed.
2019-02-06
Petition for a writ of certiorari filed. (Response due March 13, 2019)
2018-12-19
Application (18A645) granted by The Chief Justice extending the time to file until February 6, 2019.
2018-12-14
Application (18A645) to extend the time to file a petition for a writ of certiorari from January 7, 2019 to February 6, 2019, submitted to The Chief Justice.

Attorneys

Ashland Specialty Co. Inc.
Mark Allen Loyd Jr.Bingham Greenebaum Doll LLP, Petitioner
Mark Allen Loyd Jr.Bingham Greenebaum Doll LLP, Petitioner
Dale Steager
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
The Bluegrass Institution
Jeffrey Kent WickerDressman Benzinger LaVelle psc, Amicus
Jeffrey Kent WickerDressman Benzinger LaVelle psc, Amicus