We previously posted links to the petitioner’s brief on the merits and supporting amicus briefs in Philip Morris v. Williams (Williams III), as well as the respondent’s brief on the merits. The amicus briefs for the plaintiff/respondent are now available (via the ABA):
Brief for Federal Procedure Scholars in Favor of Respondent
Brief for the Oregon Trial Lawyers Association in Favor of Respondent
To recap, the issued presented in Williams III is:
Whether, after this Court has adjudicated the merits of a party’s federal claim and remanded the case to state court with instructions to “apply” the correct constitutional standard, the state court may interpose–for the first time in the litigation–a state-law procedural bar that is neither firmly established nor regularly followed.
The case will be argued December 3.