Taylor v. Sturgell
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 07-371 | D.C. Cir. | Apr 16, 2008 | Jun 12, 2008 | 9-0 | Ginsburg | OT 2007 |
Holding: (1) The theory of preclusion by "virtual representation" is disapproved; the preclusive effects of a judgment in a federal-question case decided by a federal court should instead be determined according to the established grounds for nonparty preclusion; and (2) the case is remanded to allow the courts below the opportunity to determine whether the fifth ground for nonparty preclusion " preclusion because a nonparty to earlier litigation has brought suit as an agent of a party bound by the prior adjudication " applies to Brent Taylor's suit. But courts should be cautious about finding preclusion on the basis of agency.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Ruth Bader Ginsburg on June 12, 2008.
SCOTUSblog Coverage
- Opinion Recap: Taylor v. Sturgell (Eliza Presson, June 17, 2008)
- Argument preview: Taylor v. Sturgell (Scotus Staff, April 18, 2008)
- Argument recap: Taylor v. Sturgell (Scotus Staff, April 18, 2008)
Briefs and Documents
- Brief for Petitioner Brent Taylor
- Brief for Respondent the Fairchild Corporation
- Brief for the Federal Respondent
- Reply Brief for Petitioner Brent Taylor
Amicus briefs
- Brief for American Dental Association in Support of Petitioner
- Brief for Civil Procedure and Complex Litigation Professors in Support of Petitioner
- Brief for the National Security Archive, the Reporters Committee for Freedom of the Press, Openthegovernment.org, the National Whistleblower Center, and the Electronic Frontier Foundation in Support of Petitioner
- Brief for Lavonna Eddy and Kathy Lander in Support of Petitioner
- Brief for American Association for Justice in Support of Petitioner
- Brief for the State of Utah in Support of Respondent
Certiorari filings
- Opinion below (D.C. Circuit)
- Petition for certiorari
- Brief in opposition
- Brief in opposition (United States)
- Petitioner’s reply
- Brief for Petitioner Brent Taylor
- Brief for Respondent the Fairchild Corporation
- Brief for the Federal Respondent
- Reply Brief for Petitioner Brent Taylor
Amicus briefs
- Brief for American Dental Association in Support of Petitioner
- Brief for Civil Procedure and Complex Litigation Professors in Support of Petitioner
- Brief for the National Security Archive, the Reporters Committee for Freedom of the Press, Openthegovernment.org, the National Whistleblower Center, and the Electronic Frontier Foundation in Support of Petitioner
- Brief for Lavonna Eddy and Kathy Lander in Support of Petitioner
- Brief for American Association for Justice in Support of Petitioner
- Brief for the State of Utah in Support of Respondent
Certiorari filings
- Opinion below (D.C. Circuit)
- Petition for certiorari
- Brief in opposition
- Brief in opposition (United States)
- Petitioner’s reply