Supreme Court of the United States · Official docket →
Kathleen K. Johnson, Individually and as Trustee of the Annabell M. Palmer Family Trust, et al. v. UBS AG
Paid petition · United States Court of Appeals for the Second Circuit, No. 18-2906 · judgment November 7, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Should this Court address and resolve the conflicts and inconsistencies among the Federal Circuits and the State Courts on the issue of general jurisdiction under long arm statutes over a nonresident corporation and non-domiciliaries conducting business in this country in order to provide a US based local forum for resolution of commercial, banking and financial disputes and victims of tortious or unlawful conduct?
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Is it reasonable for a non-domiciliary to be subjected to general jurisdiction of our courts where its affiliations within the State are so continuous and systematic as to render it at home in that State?
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Was the dismissal of the Amended Complaint for lack of personal jurisdiction over UBS justified where sworn statements by UBS in court filings attested to it being a New York corporation with offices in New York City and where for decades UBS has maintained a general presence on a regular and continuous basis within the United States, specifically in New York and California, and where UBS has consistently and voluntarily appeared in lawsuits as Plaintiff and Defendant, and admitted it was subject to in personam jurisdiction of the Courts in New York and California?
Counsel of record
For petitioner
Jack S. Dweck
The Dweck Law Firm, LLP
For respondent
Robert Thomas Smith
Katten Muchin Rosenman LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 23 2020Petition DENIED.
- Feb 26 2020DISTRIBUTED for Conference of 3/20/2020.
- Feb 18 2020Waiver of right of respondent UBS AG to respond filed.
- Feb 04 2020Petition for a writ of certiorari filed. (Response due March 9, 2020)