Supreme Court of the United States · Official docket →
Indiezone, Inc., et al. v. Todd Rooke, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 14-16895, 15-17339 · judgment December 14, 2017
Certiorari denied · October 29, 2018
Pre-decision estimate: 2% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
- This Court has consistently held there is a strong presumption against extraterritorial application of federal law. "Absent clearly expressed congressional intent to the contrary, federal laws will be construed to have only domestic application." RJR Nabisco, Inc. v. European Cmty., 136 S. Ct. 2090, 2100 (2016). See also Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013); Morrison v. NationalAustl. Bank Ltd., 561 U.S. 247 (2010). These holdings are in accord with the Court's view on the Act-of-State Doctrine and its recognition that matters "taken within [a sovereign's] own jurisdictions shall be deemed valid." W.S. Kirkpatrick & Co. v. Environmental Tectonics Corp., 493 U.S. 400, 409 (1990). The first question: Did congress intend the court's inherent powers and U.S. 28 U.S.C. § 1927 to apply extraterritorially allowing Rule 44.1 analysis to be applied to overseas conduct or are federal courts prohibited by the presumption from disregarding a sovereign's official domestic acts under the Act-of-State Doctrine. The second question: Did congress intend a federal court's inherent powers and those under 28 U.S.C. § 1927 to impose punitive sanctions for extraterritorial conduct without regard to full due process protections before a federal court for conduct claimed to be criminal under a sovereign's law. In Roadway Express v. Piper, 447 U.S. 752, 766 (1980); Chambers v. NASCO, Inc., 501 U.S. 32, 50
Counsel of record
For petitioner
Kenneth W. Craig
Kenneth W. Craig, Atttorney at Law
For respondent
Raymond A. Cardozo
Reed Smith, LLP
Proceedings
- Jan 07 2019Rehearing DENIED.
- Dec 19 2018DISTRIBUTED for Conference of 1/4/2019.
- Nov 21 2018Petition of Indiezone, Inc., et al. for rehearing in excess of word limits not accepted for filing. (November 26, 2018)
- Nov 21 2018Application (18A530) denied by Justice Kagan.
- Nov 21 2018Petition for Rehearing filed.
- Nov 16 2018Application (18A530) to file petition for rehearing in excess of word limits, submitted to Justice Kagan.
- Oct 29 2018Petition DENIED.
- Oct 03 2018DISTRIBUTED for Conference of 10/26/2018.
- Aug 29 2018Waiver of right of respondent Wal-Mart Stores, Inc. and General Electric Company to respond filed.
- Aug 28 2018Waiver of right of respondents Todd Rooke, et al. to respond filed.
- Aug 17 2018Petition for a writ of certiorari filed. (Response due September 21, 2018)
- Jul 23 2018Application (18A76) granted by Justice Kennedy extending the time to file until August 17, 2018.
- Jul 17 2018Application (18A76) to extend the time to file a petition for a writ of certiorari from July 18, 2018 to August 17, 2018, submitted to Justice Kennedy.