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BBB Industries, LLC v. Cardone Industries, Inc.

Paid petition · Court of Appeals of Texas, Second District, No. 02-18-00025-CV · judgment May 9, 2019


Certiorari denied · October 13, 2020
Pre-decision estimate: 7% cert probability (95% interval 4%–11%)

Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

Under the Due Process Clause, courts may exercise specific personal jurisdiction over out-of-state defendants only when the plaintiff’s claim arises from or relates to sufficient contacts between the defendant and the state. Texas courts recognize an exception to this rule that operates as a form of supplemental specific personal jurisdiction: Once there is one claim for which jurisdiction is established, a trial court may in its discretion exercise jurisdiction over other claims against the same defendant, even if they do not arise from constitutionally sufficient forum contacts. The question presented is: Is the Texas courts’ supplemental specific personal jurisdiction doctrine inconsistent with the Due Process Clause?

Counsel of record

For petitioner
Kelsi Brown Corkran
Institute for Constitutional Advocacy & Protection

For respondent
Richard Phillips Hogan Jr.
Hogan & Hogan

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 13 2020
    Petition DENIED.
  2. Sep 23 2020
    DISTRIBUTED for Conference of 10/9/2020.
  3. Sep 21 2020
    Waiver of right of respondent Cardone Industries, Inc. to respond filed.
  4. Sep 03 2020
    Petition for a writ of certiorari filed. (Response due October 13, 2020)