Supreme Court Report

Supreme Court of the United States · Official docket →

Gotech International Technology Limited, et al. v. Nagravision SA

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 16-20817 · judgment February 7, 2018


Certiorari denied · November 13, 2018
Pre-decision estimate: 11% cert probability (95% interval 8%–15%)

Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a circuit split argued in the petition.

Question presented

Federal Rule of Civil Procedure 4(k)(2) authorizes federal district courts to exercise personal jurisdiction over foreign defendants in suits involving federal claims where exercising jurisdiction is consistent with U.S. law and “the defendant is not subject to jurisdiction in any state’s courts of general jurisdiction.” The question presented is: Whether a plaintiff invoking jurisdiction under Rule 4(k)(2) must plead that “the defendant is not subject to jurisdiction in any state’s courts of general jurisdiction.”

Counsel of record

For petitioner
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic

For respondent
Adam G. Unikowsky
Jenner & Block LLP

Case

Conference history
Distributed for 2 conferences

Linked docket
17A1305

Proceedings

  1. Nov 13 2018
    Petition DENIED.
  2. Oct 24 2018
    DISTRIBUTED for Conference of 11/9/2018.
  3. Oct 24 2018
    Reply of petitioners Gotech International Technology Limited, et al. filed. (Distributed)
  4. Oct 10 2018
    Brief of respondent Nagravision SA in opposition filed.
  5. Aug 20 2018
    Motion to extend the time to file a response is granted and the time is extended to and including October 10, 2018
  6. Aug 17 2018
    Motion to extend the time to file a response from September 10, 2018 to October 10, 2018, submitted to The Clerk.
  7. Aug 10 2018
    Response Requested. (Due September 10, 2018)
  8. Aug 08 2018
    DISTRIBUTED for Conference of 9/24/2018.
  9. Jul 27 2018
    Waiver of right of respondent Nagravision SA to respond filed.
  10. Jul 26 2018
    Petition for a writ of certiorari filed. (Response due August 27, 2018)
  11. Jul 09 2018
    Application (17A1305) granted by Justice Alito extending the time to file until July 26, 2018.
  12. Jun 26 2018
    Application (17A1305) to extend further the time from July 10, 2018 to July 26, 2018, submitted to Justice Alito.
  13. May 29 2018
    Application (17A1305) granted by Justice Alito extending the time to file until July 10, 2018.
  14. May 24 2018
    Application (17A1305) to extend the time to file a petition for a writ of certiorari from June 10, 2018 to July 11, 2018, submitted to Justice Alito.