No. 18-403

Bruce A. Shear v. MAZ Partners, LP, Individually and on Behalf of All Others Similarly Situated

Lower Court: First Circuit
Docketed: 2018-09-28
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: civil-procedure civil-rights disgorgement disgorgement-order district-court-power diversity-jurisdiction due-process equitable-power equitable-remedy erie-doctrine federal-jurisdiction judicial-discretion jury-trial jury-verdict
Key Terms:
ERISA JusticiabilityDoctri
Latest Conference: 2018-11-09
Question Presented (AI Summary)

When a jury finds in favor of defendant on the sole claim asserted against him, may a district court affirm the verdict but then use 'equitable power' to enter a multi-million dollar disgorgement order against the victorious defendant?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. When a jury finds in favor of defendant on the sole claim asserted against him, may a district court affirm the verdict but then use “equitable power” to enter a multi-million dollar disgorgement order against the victorious defendant? 2. Faced with a novel and _ state law decision issued during a federal diversity trial, should a federal court certify a question of law regarding the interpretation of the decision to avoid making an Erie-guess about how the state court might decide the issue?

Docket Entries

2018-11-13
Petition DENIED.
2018-10-29
Brief amicus curiae of National Association for Behavioral Healthcare filed. (Distributed)
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-01
Waiver of right of respondent Maz Partners, LP to respond filed.
2018-09-28
Petition for a writ of certiorari filed. (Response due October 29, 2018)

Attorneys

Bruce Shear
James Harold HulmeArent Fox LLP, Petitioner
Maz Partners, LP, et al.
Chet B. WaldmanWolf Popper, LLP, Respondent
National Association for Behavioral Healthcare
Philip S. GoldbergShook Hardy & Bacon LLP, Amicus