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Gurbir S. Grewal, Attorney General of New Jersey v. Defense Distributed, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-50723 · judgment August 19, 2020


Certiorari denied · March 29, 2021
Pre-decision estimate: 11% cert probability (95% interval 7%–17%)

Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a state or local-government petitioner, and a circuit split argued in the petition.

Question presented

A court may exercise specific personal jurisdiction over a nonresident defendant only where the defendant “purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws.” Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985). In Walden v. Fiore, 571 U.S. 277 (2014), this Court held that personal jurisdiction thus cannot be based solely on the fact that the plaintiff experienced injury in the forum State. Rather, defendant’s own conduct must connect him to the forum State itself. The question presented is: Whether a nonresident state official subjects itself to personal jurisdiction in another forum State when it sends a single cease-and-desist letter to a single resident in that State.

Counsel of record

For petitioner
Jeremy Michael Feigenbaum
Office of the Attorney General of New Jersey

For respondent

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Mar 29 2021
    Petition DENIED.
  2. Mar 10 2021
    DISTRIBUTED for Conference of 3/26/2021.
  3. Feb 24 2021
    Brief amici curiae of State of New York et al. filed.
  4. Jan 19 2021
    Petition for a writ of certiorari filed. (Response due February 24, 2021)