U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

Whether the Due Process Clause is 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.

Case Updates

Cert. petition denied

February 25, 2019

U.S. Chamber files coalition brief asking Supreme Court to protect the due process right of class action defendants to present every available defense and reverse overbroad issue preclusion in Engle litigation saga

December 20, 2018

Click here to view the brief filed by the U.S. Chamber, American Tort Reform Association, and National Association of Manufacturers.

Anton Metlitsky and Jason Zarrow of O'Melveney & Myers LLP served as co-counsel for the amici.

Case Documents