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Ambac Assurance Corporation v. U.S. Bank National Association

Paid petition · Court of Appeals of Minnesota, No. A18-0043 · judgment September 4, 2018

Certiorari denied · October 7, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The Due Process Clause prohibits the exercise of in rem jurisdiction unless the property at issue is located within the jurisdiction of the forum State and the persons whose interests are to be adjudicated have purposefully availed themselves of the benefits of the State. The question presented is: Whether a court may exercise in rem jurisdiction over a trust where the trust’s primary, tangible assets are located outside of the forum State; the trust beneficiaries have not engaged in any conduct directed at or connected with the forum State and in fact were notified that trust administration issues are subject to jurisdiction in a different State; and the only basis for jurisdiction is the trustee’s presence in the forum State.

Counsel of record

For petitioner
Harry Sandick
Patterson Belknap Webb & Tyler LLP

For respondent
Traci L. Lovitt
Jones Day

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jun 12 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jun 05 2019
    Reply of petitioner Ambac Assurance Corporation filed.
  4. May 23 2019
    Rule 29.6 Corporate Disclosure Statement filed with respect to brief in opposition of respondent U.S. Bank National Association.
  5. May 22 2019
    Brief of respondent U.S. Bank National Association in opposition filed.
  6. Apr 10 2019
    Motion to extend the time to file a response is granted in part and the time is extended to and including May 22, 2019.
  7. Mar 29 2019
    Motion to extend the time to file a response from April 22, 2019 to June 6, 2019, submitted to The Clerk.
  8. Mar 21 2019
    Response Requested. (Due April 22, 2019)
  9. Mar 13 2019
    DISTRIBUTED for Conference of 3/29/2019.
  10. Mar 04 2019
    Waiver of right of respondent U.S. Bank National Association to respond filed.
  11. Feb 15 2019
    Amended Rule 29.6 Corporate Disclosure Statement received from Petitioner Ambac Assurance Corporation.
  12. Feb 11 2019
    Petition for a writ of certiorari filed. (Response due March 18, 2019)