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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


Certiorari denied · October 1, 2018
Pre-decision estimate: 0% cert probability

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

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Jun 13 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Feb 09 2018
    Petition for a writ of certiorari filed. (Response due May 29, 2018)