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Murco Wall Products, Inc. v. Michael D. Galier

Paid petition · Court of Civil Appeals of Oklahoma, First Division, No. 114,175; 114,183 · judgment February 3, 2017


GVR'd · February 20, 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

This Court has held that, except in an “exceptional case,” general personal jurisdiction over a corporate defendant exists only in the defendant’s State of incorporation and principal place of business. See Daimler AG v. Bauman, 134 S. Ct. 746, 760-61 & n.19 (2014). The Court has likewise held that a state court may exercise specific personal jurisdiction over an out-of-State corporation only when there is “an affiliation between the forum and the underlying controversy, principally, an activity or an occurrence that takes place in the forum State” and that, “[w]hen there is no such connection, specific jurisdiction is lacking regardless of the extent of a defendant’s unconnected activities in the State.” BristolMyers Squibb Co. v. Superior Court of Cal., 137 S. Ct. 1773, 1781 (2017) (quotation marks and brackets omitted). In this case, rather than adhering to the limitations on general and specific jurisdiction recognized by this Court, the Oklahoma Court of Civil Appeals analyzed petitioner’s challenge to the trial court’s exercise of personal jurisdiction by inquiring whether “the totality of [petitioner’s] contacts [with Oklahoma] makes an exercise of jurisdiction proper.” The question presented is: Whether the “totality of contacts” standard applied by the Oklahoma Court of Civil Appeals comports with the Due Process Clause of the Fourteenth Amendment and this Court’s precedents.

Counsel of record

For petitioner
Evan Mark Tager
Mayer Brown LLP

For respondent
Lisa White Shirley
Dean Omar Branham Shirley, LLP

Case

Conference history
Distributed for 2 conferences

Linked docket
17A231

Proceedings

  1. Mar 26 2018
    MANDATE ISSUED.
  2. Mar 26 2018
    JUDGMENT ISSUED.
  3. Feb 20 2018
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty., 582 U. S. ____ (2017).
  4. Jan 24 2018
    DISTRIBUTED for Conference of 2/16/2018.
  5. Jan 23 2018
    Reply of petitioner Murco Wall Products, Inc. filed.
  6. Jan 08 2018
    Brief of respondent Michael D. Galier in opposition filed.
  7. Dec 08 2017
    Response Requested. (Due January 8, 2018)
  8. Nov 29 2017
    DISTRIBUTED for Conference of 1/5/2018.
  9. Nov 20 2017
    Waiver of right of respondent Michael D. Galier to respond filed.
  10. Nov 16 2017
    Petition for a writ of certiorari filed. (Response due December 18, 2017)
  11. Aug 30 2017
    Application (17A231) granted by Justice Sotomayor extending the time to file until November 16, 2017.
  12. Aug 29 2017
    Application (17A231) to extend the time to file a petition for a writ of certiorari from September 17, 2017 to November 16, 2017, submitted to Justice Sotomayor.