No. 18-788

R.J. Reynolds Tobacco Company v. Gwendolyn E. Odom, as Personal Representative of the Estate of Juanita Thurston

Lower Court: Florida
Docketed: 2018-12-20
Status: Dismissed
Type: Paid
Response RequestedResponse Waived Experienced Counsel
Tags: civil-procedure civil-rights collateral-estoppel constitutional-law due-process engle-progeny jury-findings legal-procedure litigation-strategy preclusion preclusion-principles res-judicata standing tobacco
Key Terms:
DueProcess ClassAction
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Is the Due Process Clause 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?

Question Presented (OCR Extract)

QUESTION PRESENTED This case presents the same question as the petitions for writs of certiorari filed November 19, 2018 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 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

2019-03-05
Agreement to dismiss the petition for writ of certiorari pursuant to Rule 46.1 filed.
2019-03-05
Petition Dismissed - Rule 46.
2019-02-04
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019.
2019-01-31
Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk.
2019-01-25
Response Requested. (Due February 25, 2019)
2019-01-16
DISTRIBUTED for Conference of 2/15/2019.
2019-01-07
Waiver of right of respondent Gwendolyn E. Odom, as Personal Representative to respond filed.
2018-12-17
Petition for a writ of certiorari filed. (Response due January 22, 2019)

Attorneys

Gwendolyn E. Odom, as Personal Representative
David J. SalesDavid J. Sales P.A., Respondent
David J. SalesDavid J. Sales P.A., Respondent
R.J. Reynolds Tobacco Company
Jeffrey S. BucholtzKing & Spalding LLP, Petitioner
Jeffrey S. BucholtzKing & Spalding LLP, Petitioner