No. 18-552

Philip Morris USA Inc. v. Mary Brown, as Personal Representative of the Estate of Rayfield Brown

Lower Court: Florida
Docketed: 2018-10-26
Status: Denied
Type: Paid
Relisted (2) Experienced Counsel
Tags: civil-procedure constitutional-law due-process engle-progeny findings jury jury-findings legal-precedent preclusion prior-proceeding standing tobacco
Key Terms:
DueProcess ClassAction JusticiabilityDoctri
Latest Conference: 2019-02-22 (distributed 2 times)
Question Presented (AI Summary)

Whether the Due Process Clause is violated by a rule of preclusion that permits plaintiffs to invoke the preclusive effect of a prior jury's findings to establish elements of their claims without showing that those elements were actually decided in their favor in the prior proceeding

Question Presented (OCR Extract)

QUESTION PRESENTED This case presents the same question as the forthcoming petitions for writs of certiorari in Philip Morris USA Inc. v. Boatright and R.J. Reynolds Tobacco Co. v. Searcy: Whether the Due Process Clause is violated by a rule of preclusion that permits plaintiffs to invoke the preclusive effect of a prior jury’s findings to establish elements of their claims without showing that those elements were actually decided in their favor in the prior proceeding.

Docket Entries

2019-02-25
Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
2019-02-06
DISTRIBUTED for Conference of 2/22/2019.
2018-11-28
Rescheduled.
2018-11-20
DISTRIBUTED for Conference of 12/7/2018.
2018-11-19
Reply of petitioner Philip Morris USA Inc. filed.
2018-11-05
Brief of respondent Mary Brown, as Personal Representative of the Estate of Rayfield Brown in opposition filed.
2018-10-26
Petition for a writ of certiorari filed. (Response due November 26, 2018)
2018-09-12
Application (18A183) granted by Justice Thomas extending the time to file until October 26, 2018.
2018-09-11
Application (18A183) to extend further the time from September 21, 2018 to October 26, 2018, submitted to Justice Thomas.
2018-08-21
Application (18A183) granted by Justice Thomas extending the time to file until September 21, 2018.
2018-08-17
Application (18A183) to extend the time to file a petition for a writ of certiorari from August 27, 2018 to September 21, 2018, submitted to Justice Thomas.

Attorneys

Mary Brown, as Personal Representative of the Estate of Rayfield Brown
John Stewart MillsThe Mills Firm, P.A., Respondent
John Stewart MillsThe Mills Firm, P.A., Respondent
Philip Morris USA Inc.
Miguel A. EstradaGibson, Dunn & Crutcher LLP, Petitioner
Miguel A. EstradaGibson, Dunn & Crutcher LLP, Petitioner