Merrick et al v. Diageo Americas Supply, Inc.
||Rose Johnson, Samuel Johnson, Joseph M. Billy, Samantha G Allen, Nancy L Billy, Bruce Merrick and Arthur Milby
||Diageo Americas Supply, Inc.
||June 15, 2012
||US District Court for the Western District of Kentucky
||Charles R. Simpson
|Nature of Suit:
||All Other Real Property
|Cause of Action:
||28 U.S.C. § 1332
|Jury Demanded By:
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|June 12, 2014
SUPPLEMENTAL MEMORANDUM OPINION AND ORDER by Senior Judge Charles R. Simpson, III on 6/11/2014; re 50 MOTION for Certificate of Appealability; The court believes that the determination of the Clean Air Acts preemptive effect on state common law tort claims is a controlling question of law as to which there is substantial ground for difference of opinion, and that an immediate appeal from so much of our March 19, 2014 Memorandum Opinion and Order (incorporated herein) holding that the Clean Air Act does not preempt state common law causes of action may materially advance the termination of the litigation.cc:counsel (DAK)
|March 19, 2014
MEMORANDUM AND OPINION by Senior Judge Charles R. Simpson, III on 3/18/14; re 28 MOTION for Leave to file Supplemental Authority; 38 MOTION to Strike; 18 Motion to Dismiss. A separate order will be entered this date in accordance with this Memorandum Opinion. cc:counsel (TG)
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