| No. 19-368 | |
| Title: | Ford Motor Company, Petitioner v. Montana Eighth Judicial District Court, et al. |
| Docketed: | September 19, 2019 |
| Linked with 19A103 | |
| Lower Ct: | Supreme Court of Montana |
| Case Numbers: | (OP 19-0099) |
| Decision Date: | May 21, 2019 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jul 24 2019 | Application (19A103) to extend the time to file a petition for a writ of certiorari from August 19, 2019 to September 18, 2019, submitted to Justice Kagan. |
| Main DocumentLower Court Orders/OpinionsProof of Service | |
| Jul 25 2019 | Application (19A103) granted by Justice Kagan extending the time to file until September 18, 2019. |
| Sep 18 2019 | Petition for a writ of certiorari filed. (Response due October 21, 2019) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Sep 26 2019 | Blanket Consent filed by Petitioner, Ford Motor Company. |
| Blanket Consent | |
| Oct 01 2019 | Motion to extend the time to file a response from October 21, 2019 to November 20, 2019, submitted to The Clerk. |
| Main Document | |
| Oct 04 2019 | Motion to extend the time to file a response is granted and the time is extended to and including November 20, 2019. |
| Oct 21 2019 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 21 2019 | Brief amicus curiae of The Alliance of Automobile Manufacturers filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 20 2019 | Brief of respondent Charles Lucero, personal representative of the Estate of Markkaya Jean Gullett in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 04 2019 | DISTRIBUTED for Conference of 1/10/2020. |
| Dec 04 2019 | Reply of petitioner Ford Motor Company filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 13 2020 | DISTRIBUTED for Conference of 1/17/2020. |
| Jan 17 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-369 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| Jan 17 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-368. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-368. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Jan 27 2020 | Blanket Consent filed by Petitioner, Ford Motor Company.VIDED. |
| Blanket Consent | |
| Feb 21 2020 | SET FOR ARGUMENT on Monday, April 27, 2020. VIDED. |
| Feb 26 2020 | Record requested from the Supreme Court of Montana. |
| Feb 28 2020 | Joint appendix filed (statement of costs filed). VIDED. |
| Main DocumentProof of Service | |
| Feb 28 2020 | Brief of petitioner Ford Motor Company filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 04 2020 | The record of the Supreme Court of Montana is available on its' website (www.supremecourtdocket.mt.gov). |
| Mar 05 2020 | Brief amicus curiae of Product Liability Advisory Council, Inc. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 06 2020 | Brief amicus curiae of Washington Legal Foundation filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 06 2020 | Brief amicus curiae of United States filed. VIDED. |
| Main DocumentProof of Service | |
| Mar 06 2020 | Brief amici curiae of The Alliance for Automobile Innovation, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 06 2020 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 06 2020 | Brief amici curiae of Pharmaceutical Research and Manufacturers of America (PhRMA) filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 06 2020 | Brief amicus curiae of Institute of International Bankers filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 06 2020 | Brief amicus curiae of DRI - The Voice Of The Defense Bar filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 19 2020 | CIRCULATED |
| Mar 30 2020 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED. |
| Proof of ServiceMain Document | |
| Mar 30 2020 | Brief of respondents Charles Lucero, personal representative of the Estate of Markkaya Jean Gullett, et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 02 2020 | Brief amicus curiae of Professor Jonathan R. Nash filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Apr 02 2020 | Brief amicus curiae of Civil Procedure Professors filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 03 2020 | ORAL ARGUMENT POSTPONED. VIDED. |
| Apr 03 2020 | Brief amici curiae of Civil Procedure and Federal Courts Professors filed. VIDED. (Distributed) |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Apr 03 2020 | Brief amicus curiae of The Center for Auto Safety filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Apr 06 2020 | Motion of Minnesota, et al. for leave to participate in oral argument as amici curiae and for divided argument filed. VIDED. |
| Main DocumentProof of Service | |
| Apr 06 2020 | Brief amici curiae of Professors of Jurisdiction filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 06 2020 | Brief amici curiae of Civil Procedure Professors Pamela K. Bookman, et al. filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Apr 06 2020 | Brief amicus curiae of Foundation for Moral Law filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 06 2020 | Brief amicus curiae of National Association of Home Builders filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 06 2020 | Brief amicus curiae of Main Street Alliance filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 06 2020 | Brief amici curiae of American Association for Justice and Public Justice, P.C. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 06 2020 | Brief amici curiae of Minnesota, Texas, 37 Other States and The District of Columbia filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 13 2020 | Argument to be rescheduled for the October Term 2020. VIDED. |
| Apr 20 2020 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument DENIED. VIDED. |
| Apr 20 2020 | Motion of Minnesota, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED. VIDED. |
| Apr 29 2020 | Reply of petitioner Ford Motor Company filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 13 2020 | SET FOR ARGUMENT on Wednesday, October 7, 2020. VIDED. |
| Oct 07 2020 | Argued. For petitioner: Sean Marotta, Washington, D.C. For respondents: Deepak Gupta, Washington, D. C. VIDED. |
| Dec 16 2020 | Record from the 8th Judicial District Court of Montana electronically received. |
| Mar 25 2021 | Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Sotomayor, and Kavanaugh, JJ., joined. Alito, J., filed an opinion concurring in the judgment. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined. Barrett, J., took no part in the consideration or decision of the cases. VIDED. |
| Apr 26 2021 | MANDATE ISSUED. |
| Apr 26 2021 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Sean Marotta Counsel of Record | Hogan Lovells US LLP 555 Thirteenth Street, N.W. Washington, DC 20004 sean.marotta@hoganlovells.com | 2026374881 |
| Party name: Ford Motor Company | ||
| Attorneys for Respondents | ||
| Deepak Gupta Counsel of Record | Gupta Wessler PLLC 1900 L Street, NW Suite 312 Washington, DC 20036 deepak@guptawessler.com | (202) 888-1741 |
| Party name: Charles Lucero, personal representative of the Estate of Markkaya Jean Gullett, et al. | ||
| Other | ||
| Brian H. Fletcher Counsel of Record | Acting Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Lisa Marie Baird Counsel of Record | Reed Smith LLP 1001 Brickell Bay Drive 9th Floor Miami, FL 33131 lbaird@reedsmith.com | 786.747.0220 |
| Party name: DRI - The Voice Of The Defense Bar | ||
| Pamela Karten Bookman Counsel of Record | Fordham Law School 150 W. 62d St. New York, NY 10023 pbookman@fordham.edu | 9178414253 |
| Party name: Civil Procedure Professors Pamela K. Bookman, et al. | ||
| Eric F. Citron Counsel of Record | Goldstein & Russell, P.C. 7475 Wisconsin Ave., Suite 850 Bethesda, MD 20814 ecitron@goldsteinrussell.com | (202) 362-0636 |
| Party name: National Association of Home Builders | ||
| Larry E. Coben Counsel of Record | Anapol Weiss 8700 E. Vista Bonita Drive Suite 268 Scottsdale, AZ 85255 lcoben@anapolweiss.com | 480-515-4745 |
| Party name: The Center for Auto Safety | ||
| David R. Geiger Counsel of Record | Foley Hoag LLP Seaport West 155 Seaport Boulevard Boston, MA 02210-2600 dgeiger@foleyhoag.com | 6178321124 |
| Party name: Product Liability Advisory Council, Inc. | ||
| Elizabeth Catherine Kramer Counsel of Record | Office of the Minnesota Attorney General 445 Minnesota Street Suite 1100 Saint Paul, MN 55101 liz.kramer@ag.state.mn.us | 651-757-1010 |
| Party name: Minnesota, Texas, 37 Other States and The District of Columbia | ||
| Vincent Gregory Levy Counsel of Record | Holwell Shuster & Goldberg, LLP 425 Lexington Avenue, 14th Floor New York, NY 10017 vlevy@hsgllp.com | 646-837-5120 |
| Party name: Professors of Jurisdiction | ||
| Elbert Lin Counsel of Record | Hunton Andrews Kurth LLP 951 E. Byrd Street Riverfront Plaza, East Tower Richmond, VA 23219-4074 elin@HuntonAK.com | 804-788-7202 |
| Party name: Institute of International Bankers | ||
| Alan B. Morrison Counsel of Record | George Washington Law School 2000 H Street NW Washington, DC 20052 abmorrison@law.gwu.edu | 2029947120 |
| Party name: Civil Procedure Professors | ||
| Jonathan Remy Nash Counsel of Record | Emory University School of Law 1301 Clifton Road, NE Atlanta, GA 30322 jnash4@emory.edu | 404-712-1715 |
| Party name: Professor Jonathan R. Nash | ||
| Robert S. Peck Counsel of Record | Center for Constitutional Litigation, PC 2117 Leroy Place, N.W. Washington, DC 20008 robert.peck@cclfirm.com | 2029442874 |
| Party name: American Association for Justice and Public Justice, P.C. | ||
| Andrew John Pincus Counsel of Record | Mayer Brown LLP 1999 K Street, NW Washington, DC 20006 apincus@mayerbrown.com | 202-263-3220 |
| Party name: The Chamber of Commerce of the United States of America, The National Association of Manufacturers, and The American Tort Reform Association | ||
| Amanda Kelly Rice Counsel of Record | Jones Day 150 W. Jefferson Ave., Suite 2100 Detroit, MI 48226 arice@jonesday.com | 313-230-7926 |
| Party name: Washington Legal Foundation | ||
| Jaime Ann Santos Counsel of Record | Goodwin Procter LLP 1900 N Street, NW Washington, DC 20036 jsantos@goodwinlaw.com | 2023464034 |
| Party name: The Alliance of Automobile Manufacturers | ||
| Virginia Anne Seitz Counsel of Record | Sidley Austin LLP 1501 K Street, N.W. Washington, DC 20005 vseitz@sidley.com | 202-736-8000 |
| Party name: Pharmaceutical Research and Manufacturers of America (PhRMA) | ||
| Linda Sandstrom Simard Counsel of Record | Suffolk University Law School 120 Tremont St Boston, MA 02108 lsimard@suffolk.edu | 6175738087 |
| Party name: Civil Procedure and Federal Courts Professors | ||
| Martin Saul Wishnatsky Counsel of Record | Foundation for Moral Law One Dexter Avenue Montgomery, AL 36104 martin@morallaw.org | 3343200382 |
| Party name: Foundation for Moral Law | ||
| Hassan Ali Zavareei Counsel of Record | Tycko & Zavareei LLP 1828 L Street, NW, Suite 1000 Washington, DC 20036 hzavareei@tzlegal.com | 202.973.0900 |
| Party name: Main Street Alliance | ||