Supreme Court Report

Supreme Court of the United States · Official docket →

Michael Barth, et ux. v. Walt Disney Parks and Resorts U.S., Inc., et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 16-3593 · judgment September 8, 2017


Certiorari denied · February 20, 2018
Pre-decision estimate: 6% cert probability (95% interval 4%–10%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below, and down for a business respondent.

Question presented

Whether dismissing the case on jurisdictional grounds without jurisdictional discovery is in conflict with the decisions of other Circuits where the 3rd Circuit as well as the 2nd, 5th, 6th and 7th Circuits have established a standard which requires that facts demonstrating jurisdiction be shown before a plaintiff has the right to take discovery, while the 1st, 4th, 8th, 9th, 10th and 11th Circuits permit a plaintiff to take jurisdictional discovery and such discovery is not discretionary and the District of Columbia Circuit permits discovery when a party has failed to establish a prima facie case of personal jurisdiction, requires this Court to rule the appropriate criteria to determine the important on question of whether jurisdictional discovery should be permitted following a Motion to Dismiss under Rule of Civil Procedure 12 (b)(2) so that there will be uniformity amongst the Circuits? (Suggested answer in the affirmative)

Counsel of record

For petitioner
James R. Radmore

For respondent
Frederick Patrick Marczyk
Drinker Biddle & Reath LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 20 2018
    Petition DENIED.
  2. Jan 24 2018
    DISTRIBUTED for Conference of 2/16/2018.
  3. Jan 08 2018
    Brief of respondents Walt Disney Parks and Resorts U.S., Inc., et al. in opposition filed.
  4. Nov 21 2017
    Petition for a writ of certiorari filed. (Response due January 8, 2018)