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Ford Motor Company v. Adam Bandemer

Paid petition · Supreme Court of Minnesota, No. A17-1182 · judgment July 31, 2019

Decided · March 25, 2021
Pre-decision estimate: 13% cert probability (95% interval 9%–19%)

Before the decision, about 3.2× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Consolidated with 19-368. The Due Process Clause permits a state court to exercise specific personal jurisdiction over a non-resident defendant only when the plaintiff’s claims “arise out of or relate to" the defendant's forum activities. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472 (1985) (internal quotation marks omitted). The question presented is: Whether the “arise out of or relate to" requirement is met when none of the defendant's forum contacts caused the plaintiff’s claims, such that the plaintiff’s claims would be the same even if the defendant had no forum contacts.

Counsel of record

For petitioner
Sean Marotta
Hogan Lovells US LLP

For respondent
Deepak Gupta
Gupta Wessler LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage · 1 merits
(1 supporting pet./neither)

Argument & decision

Argued October 7, 2020 — Sean Marotta · Deepak Gupta. Audio and transcript

Decided March 25, 2021. Opinion by Kagan.

Proceedings

  1. Apr 26 2021
    MANDATE ISSUED.
  2. Apr 26 2021
    JUDGMENT ISSUED.
  3. Mar 25 2021
    Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Sotomayor, and Kavanaugh, JJ., joined. Alito, J., filed an opinion concurring in the judgment. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined. Barrett, J., took no part in the consideration or decision of the cases. VIDED.
  4. Oct 07 2020
    Argued. For petitioner: Sean Marotta, Washington, D.C. For respondents: Deepak Gupta, Washington, D. C. VIDED.
  5. Jul 13 2020
    SET FOR ARGUMENT on Wednesday, October 7, 2020. VIDED.
  6. Apr 13 2020
    Argument to be rescheduled for the October Term 2020. VIDED.
  7. Apr 03 2020
    ORAL ARGUMENT POSTPONED. VIDED.
  8. Mar 19 2020
    CIRCULATED
  9. Mar 09 2020
    Record received from the U.S.D.C. Todd County District Court of Minnesota. (1-Box)
  10. Mar 06 2020
    Brief amicus curiae of DRI - The Voice Of The Defense Bar filed. VIDED.
  11. Feb 26 2020
    Record requested from the Supreme Court of Minnesota.
  12. Feb 26 2020
    The record received from the Supreme Court of Minnesota, the record has been electronically filed.
  13. Feb 21 2020
    SET FOR ARGUMENT on Monday, April 27, 2020. VIDED.
  14. Jan 17 2020
    Petition GRANTED. The petition for a writ of certiorari in No. 19-368 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
  15. Jan 17 2020
    Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-368. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-368. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
  16. Jan 13 2020
    DISTRIBUTED for Conference of 1/17/2020.
  17. Dec 04 2019
    DISTRIBUTED for Conference of 1/10/2020.
  18. Dec 04 2019
    Reply of petitioner Ford Motor Company filed.
  19. Nov 20 2019
    Brief of respondent Adam Bandemer in opposition filed.
  20. Oct 21 2019
    Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
  21. Oct 21 2019
    Brief amicus curiae of The Alliance of Automobile Manufacturers filed. VIDED.
  22. Oct 17 2019
    Motion to extend the time to file a response from October 21, 2019 to November 20, 2019, submitted to The Clerk.
  23. Oct 17 2019
    Motion to extend the time to file a response is granted and the time is extended to and including November 20, 2019.
  24. Sep 26 2019
    Blanket Consent filed by Petitioner, Ford Motor Company.
  25. Sep 18 2019
    Petition for a writ of certiorari filed. (Response due October 21, 2019)