No. 22-252

Howmedica Osteonics Corp. v. DePuy Synthes Sales, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2022-09-16
Status: Denied
Type: Paid
Experienced Counsel
Tags: federal courts sitting in diversity should apply under Erie Railroad Co. v. Tompkins choice-of-law circuit-split civil-procedure diversity-jurisdiction erie-doctrine erie-railroad-co-v-tompkins forum-selection-clause forum-selection-clauses procedural-law state-law substantive-law
Latest Conference: 2022-12-09
Question Presented (from Petition)

Whether, under Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), federal courts sitting in diversity should apply federal or state law to determine the validity of forum-selection clauses.

Question Presented (AI Summary)

Whether federal or state law governs the validity of forum-selection clauses

Docket Entries

2022-12-12
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2022-11-22
DISTRIBUTED for Conference of 12/9/2022.
2022-11-21
Waiver of the 14-day waiting period for the distribution of the petition under 15.5 filed by petitioner.
2022-11-21
2022-11-16
Brief of respondents DePuy Synthes Sales, Inc., et al. in opposition filed.
2022-09-23
Motion to extend the time to file a response is granted and the time is extended to and including November 16, 2022.
2022-09-21
Motion to extend the time to file a response from October 17, 2022 to November 16, 2022, submitted to The Clerk.
2022-09-14
2022-06-30
Application (22A4) granted by Justice Kagan extending the time to file until September 14, 2022.
2022-06-28
Application (22A4) to extend the time to file a petition for a writ of certiorari from August 14, 2022 to September 14, 2022, submitted to Justice Kagan.

Attorneys

DePuy Synthes Sales, Inc., et al.
Anthony B. HallerBlank Rome LLP, Respondent
Howmedica Osteonics Corp.
Lisa S. BlattWilliams & Connolly LLP, Petitioner
Lisa Schiavo BlattWilliams & Connolly LLP, Petitioner