No. 21-1508

David Dotson v. Atlantic Specialty Insurance Company

Lower Court: Fifth Circuit
Docketed: 2022-06-01
Status: Denied
Type: Paid
Response Waived
Tags: choice-of-forum day-in-court erie-doctrine federalism forum-selection insurance-litigation res-judicata substantive-law
Key Terms:
AdministrativeLaw DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Did the court of appeals violate the federalism principle of Erie R. Co. v. Tompkins, 304 U.S. 64 (1938) when it refused to apply Louisiana's substantive law of res-judicata

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Did the court of appeals violate the federalism principle of Erie R. Co. v. Tompkins, 304 U.S. 64 (1938) when it refused to apply Louisiana’s substantive law of res judicata which would have allowed petitioner’s suit against his insurer for misrepresentation to proceed, causing a substantial variation in outcomes between State and federal litigation, influencing the choice of forum for future litigants in Louisiana seeking to hold their insurers responsible and depriving petitioner of his day in court he would otherwise enjoy in State court?

Docket Entries

2022-10-03
Petition DENIED.
2022-06-15
DISTRIBUTED for Conference of 9/28/2022.
2022-06-06
Waiver of right of respondent Atlantic Specialty Insurance Company to respond filed.
2022-05-27
Petition for a writ of certiorari filed. (Response due July 1, 2022)

Attorneys

Atlantic Specialty Insurance Company
Tabitha Robertson DurbinLewi Brisbois Bisgaard & Smith LLP, Respondent
David Dotson
Perry R. Staub Jr.Monroe & Lemann, Petitioner