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Grand River Enterprises Six Nations Ltd. v. Mark Boughton

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-1044 · judgment February 8, 2021


Certiorari denied · January 10, 2022
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether Connecticut impermissibly regulates or controls conduct beyond the boundaries of the State in violation of the dormant Commerce Clause when, as a condition of allowing a manufacturer’s products to be sold in the state, Connecticut forces the manufacturer to obtain and provide private sales and shipping information possessed by non-Connecticut distributors doing no business in Connecticut and having no nexus with Connecticut.

  2. Whether Connecticut violates Due Process protections when it bans a manufacturer’s products from being sold in the state, if the manufacturer fails to obtain and provide to Connecticut private sales and shipping information possessed by non-Connecticut distributors relating to their distribution of products in jurisdictions other than Connecticut.

  3. Whether Connecticut violates the Supremacy Clause when, as a condition of allowing a manufacturer’s products to be sold in the state, Connecticut forces the manufacturer to obtain and provide private sales and shipping information possessed by non-Connecticut distributors who conduct no business in Connecticut nor distribute the manufacturer’s products to, or in, Connecticut.

Counsel of record

For petitioner
Kelli Jean Keegan
Barnhouse Keegan Solimon & West LLP

For respondent
Joseph James Chambers
Connecticut Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 17 2021
    Reply of petitioner Grand River Enterprises Six Nations, Ltd. filed. (Distributed)
  3. Dec 15 2021
    DISTRIBUTED for Conference of 1/7/2022.
  4. Nov 24 2021
    Motion of Grand River Enterprises Six Nations, Ltd. for an extension of time not accepted for filing. See Rule 15.6. (November 29, 2021)
  5. Nov 19 2021
    Brief of respondent Mark Boughton in opposition filed.
  6. Sep 08 2021
    Motion to extend the time to file a response is granted and the time is extended to and including November 23, 2021.
  7. Sep 07 2021
    Motion to extend the time to file a response from September 24, 2021 to November 23, 2021, submitted to The Clerk.
  8. Aug 23 2021
    Petition for a writ of certiorari filed. (Response due September 24, 2021)