No. 18-898

R.J. Reynolds Tobacco Company v. Barbara Jean Johnston, Personal Representative of Franklin James Johnston

Lower Court: Florida
Docketed: 2019-01-11
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: civil-procedure collateral-estoppel constitutional-law due-process eleventh-circuit engle-litigation florida-supreme-court issue-preclusion jury-findings legal-preclusion preclusion prior-proceeding res-judicata
Latest Conference: 2019-02-22
Question Presented (from Petition)

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?

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

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.
2019-01-22
Waiver of right of respondent Barbara Jean Johnston, as Personal Representative of the E/O Franklin J. Johnston to respond filed.
2019-01-10
Petition for a writ of certiorari filed. (Response due February 11, 2019)
2018-12-20
Application (18A639) granted by Justice Thomas extending the time to file until January 10, 2019.
2018-12-17
Application (18A639) 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

Barbara Jean Johnston, as Personal Representative of the E/O Franklin J. Johnston
David J. SalesDavid J. Sales P.A., Respondent
R.J. Reynolds Tobacco Company
Michael A. CarvinJones Day, Petitioner