No. 18-621

R.J. Reynolds Tobacco Company, et al. v. Mary Faricy Pardue, as Personal Representative of the Estate of John N. Faricy

Lower Court: Florida
Docketed: 2018-11-14
Status: Denied
Type: Paid
Relisted (2) Experienced Counsel
Tags: appellate-review civil-procedure collateral-estoppel constitutional-law due-process engle issue-preclusion jury-findings preclusion preclusion-doctrine prior-jury-findings res-judicata tobacco
Key Terms:
DueProcess ClassAction
Latest Conference: 2019-02-22 (distributed 2 times)
Question Presented (AI Summary)

Is the Due Process Clause violated by a rule that permits a plaintiff to invoke a prior jury's findings to establish elements of her claims without showing that those elements were actually decided in her 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 R.J. Reynolds Tobacco Co. v. Searcy and Philip Morris USA Inc. v. Boatright: Is the Due Process Clause violated by a rule that permits a plaintiff to invoke a prior jury’s findings to establish elements of her claims without showing that those elements were actually decided in her favor in the prior proceeding, based merely on the fact that the defendant had an opportunity to be heard on those issues in the prior proceeding and the possibility that the relevant issues might have been decided in the plaintiffs favor in that 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.
2018-12-13
Rescheduled.
2018-12-12
DISTRIBUTED for Conference of 1/4/2019.
2018-12-11
Reply of petitioner R.J. Reynolds Tobacco Company filed.
2018-11-27
Brief of respondent Mary Pardue in opposition filed.
2018-11-14
Letter of November 14, 2018, from counsel for petitioner received.
2018-11-09
Petition for a writ of certiorari filed. (Response due December 14, 2018)
2018-09-14
Application (18A234) granted by Justice Thomas extending the time to file until November 9, 2018.
2018-09-11
Application (18A234) to extend further the time from September 21, 2018 to November 9, 2018, submitted to Justice Thomas.
2018-09-07
Application (18A234) granted by Justice Thomas extending the time to file until September 21, 2018.
2018-08-31
Application (18A234) to extend the time to file a petition for a writ of certiorari from September 11, 2018 to September 21, 2018, submitted to Justice Thomas.

Attorneys

Mary Pardue
John Stewart MillsThe Mills Firm, P.A., Respondent
R.J. Reynolds Tobacco Company
Jeffrey S. BucholtzKing & Spalding LLP, Petitioner