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DHL Supply Chain v. DEX Systems, Inc.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-56044 · judgment March 13, 2018


Certiorari denied · December 3, 2018
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Ninth Circuit decision below, and counsel who has filed here before, and down for a business respondent.

Question presented

After Walden v. Fiore, 571 U.S. 277 (2014), may a United States court exercise personal jurisdiction over a foreign defendant where that defendant’s only “virtual presence” in the forum was through electronic access to a server that the plaintiff chose to host in the forum?

Counsel of record

For petitioner
Anthony C. White
Thompson Hine LLP

For respondent
Claude Stuart Young
Data Exchange Corporation

Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, December 3, 2018 · Certiorari denied

Proceedings

  1. Dec 03 2018
    Petition DENIED.
  2. Nov 07 2018
    DISTRIBUTED for Conference of 11/30/2018.
  3. Oct 22 2018
    Brief of respondent DEX Systems, Inc. and supplemental appendix in opposition filed.
  4. Oct 11 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including October 22, 2018. See Rule 30.1.
  5. Oct 08 2018
    Motion to extend the time to file a response from October 11, 2018 to October 21, 2018, submitted to The Clerk.
  6. Sep 20 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including October 11, 2018.
  7. Sep 14 2018
    Motion to extend the time to file a response from September 27, 2018 to October 11, 2018, submitted to The Clerk.
  8. Aug 30 2018
    Motion to extend the time to file a response from September 6, 2018 to September 27, 2018, submitted to The Clerk.
  9. Aug 30 2018
    Motion to extend the time to file a response is granted and the time is extended to and including September 27, 2018.
  10. Aug 03 2018
    Petition for a writ of certiorari filed. (Response due September 6, 2018)