|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|20-1223||Mo. Ct. App.||TBD||TBD||TBD||TBD||TBD|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to SCOTUSblog in various capacities, is counsel to the respondents in this case.
Issues: (1) Whether a court must assess if consolidating multiple plaintiffs for a single trial violates due process, or whether it can presume that jury instructions always cure both jury confusion and prejudice to the defendant; (2) whether a punitive-damages award violates due process when it far exceeds a substantial compensatory-damages award, and whether the ratio of punitive to compensatory damages for jointly and severally liable defendants is calculated by assuming that each defendant will pay the entire compensatory award; and (3) whether the “arise out of or relate to” requirement for specific personal jurisdiction can be met by merely showing a “link” in the chain of causation, as the Court of Appeals of Missouri held, or whether a heightened showing of relatedness is required, as the Ford Motor Company in Ford Motor Co. v. Montana Eighth Judicial District Court has argued.
|Date||Proceedings and Orders |
|Mar 02 2021||Petition for a writ of certiorari filed. (Response due April 5, 2021)|
|Mar 05 2021||Blanket Consent filed by Petitioner, Johnson & Johnson, et al.|
|Mar 08 2021||Blanket Consent filed by Respondent, Gail L. Ingham, et al.|
|Mar 17 2021||Motion to extend the time to file a response from April 5, 2021 to May 5, 2021, submitted to The Clerk.|
|Mar 18 2021||Motion to extend the time to file a response is granted and the time is extended to and including May 5, 2021.|
|Apr 01 2021||Brief amicus curiae of The International Association of Defense Counsel filed.|
|Apr 01 2021||Brief amicus curiae of the Federation of Defense & Corporate Counsel filed.|
|Apr 02 2021||Amicus brief of The Product Liability Advisory Council, Inc. submitted.|
|Apr 05 2021||Brief amicus curiae of Atlantic Legal Foundation filed.|
|Apr 05 2021||Brief amicus curiae of Washington Legal Foundation filed.|
|Apr 05 2021||Brief amicus curiae of DRI-The Voice of the Defense Bar filed.|
|Apr 05 2021||Brief amici curiae of The Chamber of Commerce of the United States of America, American Tort Reform Association, National Association of Manufacturers, Coalition for Litigation Justice, Inc., American Property Casualty Insurance Association, Pharmaceutical Research and Manufac filed.|
|Apr 05 2021||Amicus brief of Abubakar Atiq Durrani, M.D., and Center for Advanced Spine Technologies submitted.|
|Apr 05 2021||Amicus brief of Missouri Organization of Defense Lawyers submitted.|
In yet another Friday night shadow docket order, a divided Supreme Court sides with challengers to California’s COVID-related restrictions. Brief per curiam opinion and dissent from Justice Kagan: https://www.supremecourt.gov/opinions/20pdf/20a151_4g15.pdf
By vote of 5-4, #SCOTUS blocks California's COVID-related restrictions on in-home prayer meetings and worship. Opinion & Kagan's dissent are here: https://www.supremecourt.gov/opinions/20pdf/20a151_4g15.pdf
President Biden will sign an executive order authorizing a commission to study Supreme Court reform. The commission will review “the length of service and turnover of justices on the court; the membership and size of the court” among other topics.
President Biden to Sign Executive Order Creating the Presidential Commission on the Supreme Court of the United States | The White House
President Biden will today issue an executive order forming the Presidential Commission on the Supreme Court of the United States, comprised of a
The Supreme Court will hear April and May oral arguments remotely but with a live audio feed.
#SCOTUS confirms that "[i]n keeping with public health guidance in response to COVID-19," it will hear oral arguments in April and on May 4 remotely, as it has for the other argument sessions this term. Press release here: https://www.scotusblog.com/wp-content/uploads/2021/04/Media-Advisory-Teleconference-Arguments.pdf
In a Monday evening shadow-docket filing, Tennessee asks the Supreme Court to reinstate a state law that imposes a 48-hour waiting period for patients to abortions. A federal judge struck down the waiting period as unconstitutional. @AHoweBlogger explains:
Tennessee asks court to restore waiting period for abortions - SCOTUSblog
Tennessee filed an emergency request with the Supreme Court on Monday, asking the justices for permission to enforce...
BREAKING: In major copyright battle between tech giants, SCOTUS sides w/ Google over Oracle, finding that Google didnt commit copyright infringement when it reused lines of code in its Android operating system. The code came from Oracle's JAVA SE platform. https://www.supremecourt.gov/opinions/20pdf/18-956_d18f.pdf
NEW: The Supreme Court agrees to take up one new case, Brown v. Davenport. It's a technical but important question about the standard for federal courts reviewing habeas claims to assess whether constitutional violations were "harmless error." https://www.supremecourt.gov/orders/courtorders/040521zor_3204.pdf
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