No. 21-523

Damon Simon, et ux. v. Roche Diagnostics Corporation

Lower Court: Fifth Circuit
Docketed: 2021-10-08
Status: Denied
Type: Paid
Response Waived
Tags: appellate-discretion appellate-procedure certification civil-procedure court-of-appeals discretion judicial-procedure legal-review standard-of-review state-law state-law-certification
Key Terms:
Patent Jurisdiction
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Whether the court of appeals applied an improper standard of review in exercising its discretion when ruling on the Simons' request to certify the dispositive state law question to the Supreme Court of Texas

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the court of appeals applied an improper standard of review in exercising its discretion when ruling on the Simons’ request to certify the dispositive state law question to the Supreme Court of Texas. 2. Whether the court of appeals abused its discretion in denying the Simons’ request to certify the dispositive state law question to the Supreme Court of Texas.

Docket Entries

2021-12-06
Petition DENIED.
2021-11-09
DISTRIBUTED for Conference of 12/3/2021.
2021-11-03
Waiver of right of respondent Roche Diagnostics Corporation to respond filed.
2021-10-06
Petition for a writ of certiorari filed. (Response due November 8, 2021)

Attorneys

Damon Simon, et al.
Timothy A. HootmanHootman & Company, Petitioner
Roche Diagnostics Corporation
Nicholas AlfordFaegre Drinker Biddle & Reath LLP, Respondent