No. 18-897

R.J. Reynolds Tobacco Company v. Marlene Nally, as Personal Representative of the Estate of Joseph Nally, Sr., Deceased

Lower Court: Florida
Docketed: 2019-01-11
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: civil-procedure collateral-estoppel constitutional-law due-process engle jury-findings litigation-strategy preclusion preclusion-doctrine res-judicata standing tobacco
Key Terms:
DueProcess ClassAction
Latest Conference: 2019-02-22
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

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

2019-02-25
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.
2019-01-30
Waiver of right of respondent Marlene Nally to respond filed.
2019-01-10
Petition for a writ of certiorari filed. (Response due February 11, 2019)
2018-12-20
Application (18A640) granted by Justice Thomas extending the time to file until January 10, 2019.
2018-12-17
Application (18A640) to extend the time to file a petition for a writ of certiorari from December 27, 2018 to January 10, 2019, submitted to Justice Thomas.

Attorneys

Marlene Nally
George Alexander VakaVaka Law Group, Respondent
George Alexander VakaVaka Law Group, Respondent
R.J. Reynolds Tobacco Company
Michael A. CarvinJones Day, Petitioner
Michael A. CarvinJones Day, Petitioner