No. 20-474

CMT Hospital HIMA San Pablo Caguas v. Jose Suero-Algarin

Lower Court: First Circuit
Docketed: 2020-10-13
Status: Denied
Type: Paid
Tags: civil-procedure damages-review diversity-jurisdiction erie-doctrine excessiveness federal-standard gasperini-standard gasperini-v-center-for-humanities remittitur state-law
Key Terms:
Jurisdiction
Latest Conference: 2020-12-11
Question Presented (from Petition)

1. Whether the decision below contravenes Erie Railroad v. Tompkins by granting respondent a recovery that is ten times larger than the recovery respondent could have obtained in puerto rico courts (and would be allowed to respondent's siblings in a parallel state court action).

2. Whether, under Gasperini v. Center for Humanities, Inc., federal courts sitting in diversity must apply state law excessiveness standards (as the second, Fourth, Fifth, Seventh, Eighth, Tenth and Eleventh Circuits have held), or the federal excessiveness standard (as the First, Sixth, and Ninth Circuits have held).

Question Presented (AI Summary)

Whether the decision below contravenes Erie Railroad v. Tompkins by granting respondent a recovery that is ten times larger than the recovery respondent could have obtained in Puerto Rico courts

Docket Entries

2020-12-14
Petition DENIED.
2020-11-24
DISTRIBUTED for Conference of 12/11/2020.
2020-10-07
Petition for a writ of certiorari filed. (Response due November 12, 2020)

Attorneys

CMT Hospital Hima Can Pablo Caguas
Heidi L. Rodriguez-Benitez — Petitioner