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Rosana Boulhosa Nassar v. Eduardo Boulhosa Nassar
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-10191 · judgment September 18, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
A decision of the 11th circuit's issued in 2009 for United Tech. Corp. v. Mazer, concluded that, once a defendant challenges personal jurisdiction, the burden "shifts back to the plaintiff to produce evidence to support jurisdiction" that the plaintiff , failed to establish through its allegations or competent evidence that [defendant] [was] subject to personal jurisdiction, and that due process was not reached." In its opinion below, the Eleventh Circuit affirmed a decision in regards to personal jurisdiction that contradicts with its prior opinion and other circuits decisions. Question 1: Whether an earlier dismissal based on alternative grounds, where amongst such grounds was "the plaintiff's failure to establish personal jurisdiction over the defendant", is a ground that is justifiable for the application of res judicata to the Petitioner's Federal Claim and consistent with other court of appeals decisions and the supreme court precedent? Question •2: Whether an earlier dismissal where respondent raised the defense of "lack of personal jurisdiction" throughout all his motions to dismiss is a ground which is consistent with other court of appeals decisions for the application of res judicata to a subsequent claim? Question 3. Whether a claim for cyberpiracy and cyberquatting of Federal jurisdiction, can be barred by res judicata for the petitioner's failure to raise
Counsel of record
For petitioner
Rosana B. Nassar
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 01 2018Petition DENIED.
- Jun 13 2018DISTRIBUTED for Conference of 9/24/2018.
- Feb 09 2018Petition for a writ of certiorari filed. (Response due May 29, 2018)