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MCC (Xiangtan) Heavy Industrial Equipment Co., Ltd. v. Liebherr Mining & Construction Equipment, Inc., dba Liebherr Mining Equipment Newport News Co.

Paid petition · Supreme Court of Virginia, No. 171003 · judgment March 22, 2018


Certiorari denied · October 15, 2018
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a business petitioner, and down for a business respondent.

Question presented

Whether the Due Process Clause permits a court to exercise personal jurisdiction over a nonresident defendant based on the contacts of the defendant’s alleged co-conspirators with the forum State, as the court below held; or whether the due process analysis looks only to the defendant’s own contacts with the forum State and not those of alleged co-conspirators, as the Nebraska and Texas Supreme Courts have held. (I)

Counsel of record

For petitioner
John Patrick Elwood
Arnold & Porter Kaye Scholer LLP

For respondent
Brett Alexander Spain
Willcox & Savage, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 15 2018
    Petition DENIED.
  2. Sep 26 2018
    DISTRIBUTED for Conference of 10/12/2018.
  3. Sep 24 2018
    Reply of petitioner MCC (Xiangtan) Heavy Industrial Equipment Co., Ltd. filed. (Distributed)
  4. Sep 06 2018
    Brief of respondent Liebherr Mining & Construction Equipment, Inc., d/b/a Liebherr Mining Equipment Newport News Co. in opposition filed.
  5. Aug 03 2018
    Petition for a writ of certiorari filed. (Response due September 6, 2018)