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Continental Resources, Inc. v. Zachary Buckles, Deceased, By and Through His Personal Representative, Nicole R. Buckles, et al.

Paid petition · Supreme Court of Montana, No. DA 19-0162 · judgment April 28, 2020


Certiorari denied · March 1, 2021
Pre-decision estimate: 4% cert probability

Before the decision, roughly 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 business petitioner.

Questions presented

Zachary Buckles worked at an oil-production site in North Dakota where he died, allegedly as the result of tortious acts or omissions of contractors also working at the North Dakota site. The Montana Supreme Court held that Montana courts may exercise specific personal jurisdiction over the Oklahoma-based owner of the site, Continental Resources, Inc., based on the application of Montana law authorizing vicarious liability for the torts of independent contractors. The questions presented are:

  1. Whether the “arise out of or relate to” requirement of the specific-personal-jurisdiction test 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 non-resident defendant had no forum contacts.

  2. Whether the Montana courts may exercise specific personal jurisdiction over an Oklahoma resident for claims arising from an accidental death on a North Dakota worksite consistent with the Due Process Clause of the Fourteenth Amendment and the principles of federalism it incorporates.

Counsel of record

For petitioner
Andrew Michael Grossman
Baker & Hostetler LLP

For respondent
Deepak Gupta
Gupta Wessler LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 01 2021
    Petition DENIED.
  2. Feb 10 2021
    DISTRIBUTED for Conference of 2/26/2021.
  3. Feb 08 2021
    Reply of petitioner Continental Resources, Inc. filed. (Distributed)
  4. Jan 22 2021
    Brief of respondents Zachary Buckles, Deceased, By and Through His Personal Representative, Nicole R. Buckles, et al. in opposition filed.
  5. Jan 13 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including January 22, 2021.
  6. Jan 12 2021
    Motion to extend the time to file a response from January 15, 2021 to January 22, 2021, submitted to The Clerk.
  7. Dec 11 2020
    Motion to extend the time to file a response is granted and the time is extended to and including January 15, 2021.
  8. Dec 09 2020
    Motion to extend the time to file a response from December 16, 2020 to January 15, 2021, submitted to The Clerk.
  9. Nov 16 2020
    Response Requested. (Due December 16, 2020)
  10. Nov 10 2020
    DISTRIBUTED for Conference of 12/4/2020.
  11. Sep 18 2020
    Petition for a writ of certiorari filed. (Response due October 23, 2020)