Dennis W. Gay v. Sarah Morgan, 06-1471 (United States Supreme Court October 1, 2007).

We feel just like Navin R. Johnson in The Jerk when he found his name on page 73 of the phone book. “Things are going to start happening to me now!” 

Although the U.S. Supreme Court denied Dennis Gay’s Petition for Writ of Certiorari requesting review of the opinion of the United States Court of Appeals for the Third Circuit our Law Review article was cited in both the Petition for Writ of Cert and the United States Chamber of Commerce’s Motion to File Amicus Brief.

For you readers that have been following along, the Morgan v. Gay case has come along way since its original District Court Opinion dated August 7, 2006 (almost 2 years ago). After two Third Circuit opinions, Dennis Gay petitioned the United States Supreme Court to examine the burden of proof issue under CAFA, but much to our disappointment, the writ was denied. 

The burden of proof issue is one of our favorite issues here at the CAFA Law Blog, and we have been following this case very closely. Our interest was also heightened by the fact that our Law Review article was cited in both the Petition for Writ of Cert and the United States Chamber of Commerce’s Motion to File Amicus Brief. 

Here is a list of all of the documents you need, including the CAFA Law Blog analysis, from the District Court opinion through denial of the Petition for Cert. Enjoy!

August 7, 2006 – Analysis of District Court Opinion

October 15, 2006 – Analysis of first Third Circuit Opinion

December 15, 2006 – Analysis of the second Third Circuit Opinion

May 3, 2007 – Petition for Writ of Certiorari

June 6, 2007 – Motion for Leave to File Amicus Brief by United States Chamber of Commerce

June 6, 2007 – Motion for Leave to File Amicus Brief by Defense Research Institute

June 6, 2007 – Brief of Respondent

June 19, 2007 – Reply Brief of Petitioner

August 2, 2007 – Analysis of the United States Chamber of Commerce brief