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Bruce Alexander v. Anheuser-Busch, L.L.C., et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-30993 · judgment August 5, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Did the Western District Court erred by not allowing the Declaration by Kristin M. Byrne, an employee of Anheuser-Busch, LLC, et.al. be considered as “statement of fact” that Anheuser-Busch, LLC, et.al. has direct ties to Louisiana by having seven (7) employees in the State of Louisiana?(ROA.139- 140)
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Did the Western District Court erred by not allowing this same Declaration by Kristin M. Byrne be considered as personal jurisdiction when it stated that Anheuser-Busch, et.al., sales account for 2% of Anheuser-Busch product sales in Louisiana for the whole United States?(ROA.138-140)
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Did the Western District Court erred by dismissing the Case No. 3:19-CV00738-TAD-KLH for lack of personal jurisdiction when “In Rem Jurisdiction and Quasi-in-rem- Jurisdiction” clearly exist, by AnheuserBusch, et.al. in the State of Louisiana?(ROA.197)
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Did the Western District Court erred by dismissing the case without addressing Federal Rule of Civil Procedure 12(b)(6) which refers to failure to state a claim when this is one of the reason the Defendant, Anheuser-Busch, et.al., filed a Motion to Dismiss?
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Did the Western District Court erred by depriving Bruce Alexander of procedural due process by dismissing Case No. 3:19-CV-00738-TAD-KLH “without prejudice” when personal jurisdiction refers to having constant
Counsel of record
For petitioner
Bruce Alexander
For respondent
Mark E Van Horn
Taggart Morton, LLC
Case
Conference history
Distributed for 1 conference
Proceedings
- Dec 13 2021Petition DENIED.
- Nov 23 2021DISTRIBUTED for Conference of 12/10/2021.
- Nov 08 2021Waiver of right of respondent Anheuser-Busch, LLC, et al. to respond filed.
- Oct 19 2021Petition for a writ of certiorari filed. (Response due November 24, 2021)