No. 18-653

Philip Morris USA Inc. v. Vickie McKeever, as Personal Representative of the Estate of Theodore McKeever

Lower Court: Florida
Docketed: 2018-11-20
Status: Denied
Type: Paid
Response WaivedRelisted (2) Experienced Counsel
Tags: appellate-review civil-procedure collateral-estoppel constitutional-law due-process jury-findings opportunity-to-be-heard preclusion preclusion-doctrine prior-proceeding res-judicata standing
Key Terms:
DueProcess ClassAction
Latest Conference: 2019-02-22 (distributed 2 times)
Question Presented (AI Summary)

Whether the Due Process Clause is violated by a rule that permits plaintiffs to invoke 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 petitions for writs of certiorari filed today 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 that permits plaintiffs to invoke 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, 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.
2018-12-27
Rescheduled.
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-12-10
Waiver of right of respondent Vickie McKeever to respond filed.
2018-11-19
Petition for a writ of certiorari filed. (Response due December 20, 2018)
2018-09-19
Application (18A279) granted by Justice Thomas extending the time to file until November 22, 2018.
2018-09-14
Application (18A279) to extend the time to file a petition for a writ of certiorari from September 23, 2018 to November 22, 2018, submitted to Justice Thomas.

Attorneys

Philip Morris USA Inc.
Miguel A. EstradaGibson, Dunn & Crutcher LLP, Petitioner
Miguel A. EstradaGibson, Dunn & Crutcher LLP, Petitioner
Vickie McKeever
John Stewart MillsThe Mills Firm, P.A., Respondent
John Stewart MillsThe Mills Firm, P.A., Respondent