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No. V. TAMARIN LINDENBERG, Individually and As Natural

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No. V. TAMARIN LINDENBERG, Individually and As Natural No. JACKSON NATIONAL LIFE INSURANCE COMPANY, PETITIONER v. TAMARIN LINDENBERG, Individually and as Natural Guardian of Her Minor Children ZTL and SML ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT PETITION FOR A WRIT OF CERTIORARI DANIEL W. VAN HORN DANIEL R. ORTIZ AMY M. PEPKE Counsel of Record ELIZABETH E. CHANCE UNIVERSITY OF VIRGINIA GADSON W. PERRY SCHOOL OF LAW BUTLER SNOW LLP SUPREME COURT 6075 Poplar Avenue, LITIGATION CLINIC Suite 500 580 Massie Road Memphis, TN 38119 Charlottesville, VA (901) 680-7200 22903 (434) 924-3127 [email protected] II ROBERT N. HOCHMAN SIDLEY AUSTIN LLP One South Dearborn St. Chicago, IL 60603 (312) 853-7000 I QUESTIONS PRESENTED The Sixth Circuit has struck down Tennessee’s statutory cap on punitive damages. It did so as a matter not of federal law, but as a matter of its own interpretation of the Tennessee Constitution. On June 19, 2019, in McClay v. Airport Mgmt. Services, LLC, No. M2019-00511-SC-R23-CV, the Tennessee Supreme Court accepted certification of the closely related question of whether Tennessee’s non-economic damages cap is consistent with the Tennessee Constitution. That ruling will likely provide clear guidance on the two state constitutional law issues in this case. The questions presented are: 1. Do principles of cooperative federalism, judicial efficiency, and concern for the consistent application of state law compel the Sixth Circuit to certify to the Tennessee Supreme Court three questions of Tennessee law that the Tennesse Supreme Court specifically indicated it was willing to consider, all of which determine liability and the scope of relief in this case, none of which had previously been addressed by the Tennessee Supreme Court, and two of which concern the Tennessee Constitution. 2. In the alternative to setting this case for briefing and argument on the merits, should this Court hold this petition with a view to granting, vacating, and remanding to the Sixth Circuit to reconsider in light of the Tennessee Supreme Court’s disposition of McClay v. Airport Mgmt Services, LLC. II PARTIES IN THE COURT OF APPEALS In addition to the parties listed on the cover, the State of Tennessee appeared as an intervenor- appellee. CORPORATE DISCLOSURE STATEMENT Jackson National Life Insurance Company is indirectly wholly owned by Prudential plc, a publically-owned British company that trades on the New York Stock Exchange under the symbol “PUK.” III TABLE OF CONTENTS Page(s) Questions Presented ............................................... I Parties In The Court Of Appeals ......................... II Corporate Disclosure Statement .......................... II Table Of Authorities ............................................ VI Opinions Below ...................................................... 1 Jurisdiction ............................................................ 1 Relevant Constitutional And Statutory Provi- sions And Tennessee Supreme Court Rule ..... 2 Introduction ........................................................... 4 Statement ............................................................... 5 A. Factual Background And District Court Proceedings ................................................. 5 B. Court Of Appeals Proceedings .................. 10 Reasons For Granting The Petition .................... 16 I. The Lower Federal Courts Are Confused As To When They Should Certify Uncertain Issues Of State Law To State Courts ............ 16 A. Ten Circuits Hold That Uncertainty Is The Most Important Or A Key Factor In Deciding Whether To Certify .................... 17 B. Four Of These Circuits Also Consider The Importance Of The State-Law Issue ........ 21 IV TABLE OF CONTENTS Page(s) C. The Sixth Circuit, By Contrast, Holds That An Issue Must Be Both “New” And “Unsettled” To Certify It ........................... 22 D. The Bare Guidance That Exists Fails To Promote Consistent Decisions Regarding Certification .............................................. 23 II. This Case Provides An Excellent Opportunity To Promote Consistency In Certification Of State-Law Questions ...................................... 26 A. Respecting State Sovereign Interests, Judicial Efficiency, And Reducing Forum Shopping Are The Primary Values Served By Certifcation .......................................... 27 B. Review In This Case Provides A Robust Opportunity To Announce Materially Clearer Standards For Certification ........ 31 III. As An Alternative To Full Briefing And Argument On The Merits, This Court Should Hold This Petition With A View To Granting, Vacating, And Remanding The Decision Back To The Sixth Circuit In Light Of The Tennessee Supreme Court’s Decision In McClay ...................................................... 36 Conclusion ............................................................ 38 V TABLE OF CONTENTS Page(s) Appendix: Sixth Circuit Opinion (Dec. 21, 2018) .......... 1a District Court Order Denying Defendant’s Motion To Dismiss Plaintiff’s Claim For Punitive Damages (Dec. 9, 2014)............ 79a District Court Order Denying Defendant’s Motion For Judgment As A Matter Of Law And Granting Plaintiff’s Motion For Certification Of Questions To The Tennessee Supreme Court (Nov. 24, 2015) ...................................................... 101a District Court Order Certifying Questions Of State Law To The Supreme Court Of Tennessee (Nov. 24, 2015) .................... 127a Supreme Court Of Tennessee Order Declining To Answer The District Court’s Certified Questions (June 23, 2016) ..... 133a District Court Order On Defendant’s Motion For Judgment As A Matter Of Law As To Punitive Damages (Sept. 28, 2016) ...................................................... 136a Sixth Circuit Denial Of Rehearing En Banc (March 28, 2019) ................................... 170a VI TABLE OF AUTHORITIES Page(s) Cases: Arizona v. Gant, 540 U.S. 963 (2003) ..................... 37 Arizonans for Official English v. Arizona, 520 U.S. 43 (1997) ............................................ passim Baltimore & Ohio R.R. Co. v. Baugh, 149 U.S. 368 (1893) .......................................................... 34 Bellotti v. Baird, 428 U.S. 132 (1976) .................... 29 Blue Cross & Blue Shield of Ala., Inc. v. Nielsen, 116 F.3d 1406 (11th Cir. 1997) ................... 20, 26 Brockett v. Spokane Arcades, Inc., 472 U.S. 491 (1985) ................................................................ 4-5 Chauca v. Abraham, 841 F.3d 86 (2d Cir. 2016) ... 21 Cleary v. Philip Morris, Inc., 656 F.3d 511 (7th Cir. 2011) ........................................................... 17 Colonial Props., Inc. v. Vogue Cleaners, Inc., 77 F.3d 384 (11th Cir. 1996) .................................. 17 Doe v. Guthrie Clinic, 710 F.3d 492 (2d Cir. 2013)................................................................... 18 Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938) ........................................................... 27, 34 Florida ex rel. Shevin v. Exxon Corp., 526 F.2d 266 (5th Cir. 1976) ................................. 17, 19, 20 Gilbert v. Seton Hall Univ., 332 F.3d 105 (2d Cir. 2003) ..................................................... 19, 35 Haley v. Univ. of Tenn.-Knoxville, 188 S.W.3d 518 (Tenn. 2006) ................................................ 15 VII TABLE OF AUTHORITIES Page(s) Hanna v. Plummer, 380 U.S. 460 (1965) .............. 27 Hatfield v. Bishop Clarkson Mem’l Hosp., 701 F.2d 1266 (8th Cir. 1983) ............................ 18, 20 Heil Co. v. Evanston Ins. Co., 690 F.3d 722 (6th Cir. 2012) .................................................... 11, 23 In re Badger Lines, Inc., 140 F.3d 691 (7th Cir. 1998) .................................................................. 21 In re Complaint of McLinn, 744 F.2d 677 (9th Cir. 1984) ........................................................... 16 In re Engage, Inc., 544 F.3d 50 (1st Cir. 2008) ............................................................ 18, 20 Johnson v. Fankell, 520 U.S. 911 (1997) .............. 30 Klamath Irrigation Dist. v. United States, 532 F.3d 1376 (Fed. Cir. 2008)........................... 19, 21 Kremen v. Cohen, 325 F.3d 1035 (9th Cir. 2003) ............................................................ 20, 21 Lawrence v. Chater, 516 U.S. 163 (1996) ............... 37 Lehman Bros. v. Schein, 416 U.S. 386 (1974) ................................................. 5, 16, 27, 28 Lords Landing Village Condo. Council of Unit Owners v. Continental Ins. Co., 520 U.S. 893 (1997) ................................................................. 37 McCarthy v. Olin Corp., 119 F.3d 148 (2d Cir. 1997) .................................................................. 25 VIII TABLE OF AUTHORITIES Page(s) McClay v. Airport Mgmt. Servs., No. M2019- 00511-SC-R23-CV (Tenn. S. Ct. filed March 20, 2019), https://www2.tncourts.gov/Public CaseHistory/CaseDetails.aspx?id=76003&P arty=True ............................................ I, 15, 36-37 Metz v. BAE Sys. Tech. Sols. & Servs., Inc., 774 F.3d 18 (D.C. Cir. 2014) ............................. 21, 22 Mosher v. Speedstar Div. of AMCA Int’l, Inc., 52 F.3d 913 (11th Cir. 1995) .................................. 18 Munn v. Hotchkiss Sch., 795 F.3d 324 (2d Cir. 2015) ............................................................ 20, 26 O’Mara v. Town of Wappinger, 485 F.3d 693 (2d Cir. 2007) .......................................................... 21 Owens v. Republic of Sudan, 864 F.3d 751 (D.C. Cir. 2017) ..........................................................
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