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Tofig Kurbanov v. UMG Recordings, Inc., et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-1124 · judgment June 26, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Court should grant certiorari to address whether the Due Process Clause of the United States Constitution is violated when a foreign citizen is subjected to personal jurisdiction based entirely on: (1) his operation of a website that is popular both within the United States and worldwide, but which is not specifically aimed at the United States; and (2) minor internet-based and internet-initiated transactions entered into by the foreign citizen entirely from outside the United States. Certiorari should be granted because: (1) the lower courts are divided on this issue, an issue which this Court has not previously addressed; (2) the issue arises frequently; (3) a proper determination is crucial to respect the sovereignty of foreign nations and to avoid the widespread imposition of de facto national jurisdiction over the operators of any popular website wherever the internet is accessible; and (4) by reversing the district court’s dismissal of the action, the Fourth Circuit decided the issue incorrectly.
Counsel of record
For petitioner
Evan M. Fray-Witzer
Ciampa Fray-Witzer, LLP
For respondent
Ian Heath Gershengorn
Jenner & Block
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 11 2021Petition DENIED.
- Jan 05 2021Reply of petitioner Tofig Kurbanov filed. (Distributed)
- Dec 23 2020DISTRIBUTED for Conference of 1/8/2021.
- Dec 11 2020Rule 29.6 Statement filed with respect to the Respondents UMG Recordings, Inc., et al.
- Dec 08 2020Brief of respondents UMG Recordings, Inc., et al. in opposition filed.
- Nov 12 2020Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2020.
- Nov 11 2020Motion to extend the time to file a response from November 16, 2020 to December 8, 2020, submitted to The Clerk.
- Oct 12 2020Petition for a writ of certiorari filed. (Response due November 16, 2020)