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Mckesson v. Doe

Docket No.19-1108
Op. Below5th Cir.

Holding

Under the unusual circumstances of this case, the U.S. Court of Appeals for the 5th Circuit should not have ventured into such an uncertain area of state tort law without first using state certification procedures to seek guidance from the Louisiana Supreme Court.

Judgment

Granted, vacated and remanded, 7-1 on Nov 2, 2020. Justice Thomas dissented. Justice Barrett took no part in the consideration or decision of this case.

Proceedings & orders timeline

Mar 5, 2020
Petition for a writ of certiorari filed. (Response due April 9, 2020)
Apr 9, 2020
Brief of respondent Black Lives Matter Global Network, Inc. in support filed.
Apr 9, 2020
Amicus brief of National Association for the Advancement of Colored People not accepted for filing. (April 15, 2020)
Apr 9, 2020
Amicus brief of National Association for the Advancement of Colored People not accepted for filing. (April 15, 2020)
Apr 9, 2020
Brief amicus curiae of National Association for the Advancement of Colored People filed.
Apr 9, 2020
Brief amici curiae of Floyd Abrams, et al. filed.
Apr 9, 2020
Brief amicus curiae of Institute for Free Speech filed.
Apr 9, 2020
Brief amicus curiae of Howard University Human and Civil Rights Clinic filed.
Apr 9, 2020
Brief amici curiae of First Amendment Scholars filed.
Apr 9, 2020
Brief amicus curiae of The Rutherford Institute filed.
Apr 13, 2020
Waiver of right of respondent John Doe to respond filed.
Apr 28, 2020
DISTRIBUTED for Conference of 5/15/2020.
May 11, 2020
Response Requested. (Due June 10, 2020)
May 29, 2020
Brief of respondent John Doe in opposition filed.
Jun 17, 2020
DISTRIBUTED for Conference of 9/29/2020.
Jun 19, 2020
Reply of petitioner DeRay Mckesson filed. (Distributed)
Oct 5, 2020
DISTRIBUTED for Conference of 10/9/2020.
Oct 13, 2020
DISTRIBUTED for Conference of 10/16/2020.
Oct 26, 2020
DISTRIBUTED for Conference of 10/30/2020.
Nov 2, 2020
Petition GRANTED. Judgment VACATED and case REMANDED for further proceedings consistent with this opinion. Justice Barrett took no part in the consideration or decision of this case. Justice Thomas dissents. Opinion per curiam. (Detached Opinion)
Dec 4, 2020
JUDGMENT ISSUED.

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