Supreme Court of the United States · Official docket →
Align Corporation Limited v. Allister Mark Boustred, et al.
Paid petition · Supreme Court of Colorado, No. 16SC448 · judgment November 13, 2017
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a business petitioner.
Question presented
Colorado’s Supreme Court held that it could exercise jurisdiction over Petitioner Align Corporation Limited (“Align”) based on Align’s selling goods into the national stream of commerce and allowing them to be distributed in Colorado. That decision adds to a deep, decades-old division of authority among the state and federal courts about how the Due Process Clause of the Fourteenth Amendment applies to businesses that sell goods throughout the country. This Court has twice sought to resolve that division but its divided opinions in Asahi Metal Industry Company v. Superior Court of California, 480 U.S. 102 (1987), and J. McIntyre Machinery, Ltd. v. Nicastro, 564 U.S. 873 (2011), have not provided a uniform, national standard. The question presented is: If a nonresident defendant places goods into the stream of commerce in the United States, is it subject to specific personal jurisdiction in any state where it allows its products to be sold by a distributor?
Counsel of record
For petitioner
Daniel Desmond Domenico
Kittredge LLC
For respondent
Conor Patrick Boyle
Hall & Evans, LLC
Proceedings
- Jun 11 2018Petition DENIED.
- May 22 2018DISTRIBUTED for Conference of 6/7/2018.
- May 18 2018Reply of petitioner Align Corporation Limited filed.
- May 02 2018Brief of respondent Horizon Hobby, Inc. in opposition filed.
- May 01 2018Brief of respondent Allister Mark Boustred in opposition filed.
- Apr 02 2018Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
- Mar 06 2018Motion to extend the time to file a response is granted and the time is extended to and including May 2, 2018, for all respondents.
- Mar 02 2018Motion to extend the time to file a response from April 2, 2018 to May 2, 2018, submitted to The Clerk.
- Feb 27 2018Petition for a writ of certiorari filed. (Response due April 2, 2018)
- Feb 02 2018Application (17A814) granted by Justice Sotomayor extending the time to file until February 28, 2018.
- Jan 31 2018Application (17A814) to extend the time to file a petition for a writ of certiorari from February 11, 2018 to February 28, 2018, submitted to Justice Sotomayor.