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Carter Page, et al. v. Democratic National Committee, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 20-2781 · judgment June 21, 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.

Question presented

This case involves a defamation suit brought by Carter Page, a U.S. citizen domiciled in Oklahoma, and his two solely-owned limited liability companies (which are likewise deemed citizens of Oklahoma) against several non-Oklahoma entities and individuals, including Perkins Coie LLP, an international law firm partnership. Although none of the defendants, and no Perkins Coie partner, is domiciled in Oklahoma, the court below nevertheless held that because a few U.S. citizen partners of Perkins Coie having no involvement with the matters at issue in the case but who are currently domiciled in Beijing, China, the “complete diversity” necessary for jurisdiction under 28 U.S.C. § 1332(a) was destroyed. This Court held in Carden v. Arkoma Assocs., 494 U.S. 185, 195 (1990), that partnerships are citizens of every state in which an individual partner is a citizen. And it held in Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 828-29 (1989), that U.S. citizens domiciled abroad may not be sued in diversity because they are essentially stateless—neither a citizen of a State nor a citizen or subject of a foreign state. The court below inferred from those two holdings that because a stateless citizen cannot be sued in diversity, a partnership with even one such stateless citizen destroys complete diversity even though no defendant shares the domicile of any plaintiff. The question presented is thus: Whether a U.S. Citizen domiciled abroad who is a member of a partnership defendant destroys the complete diversity required by 28 U.S.C. § 1332(a), when no defendant or partner of the partnership defendant shares domicile with any plaintiff.

Counsel of record

For petitioner
John C. Eastman
Constitutional Counsel Group

For respondent
Samir Ibrahim Deger-Sen
Latham & Watkins LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 21 2021
    Brief amicus curiae of America First Legal Foundation filed. (Distributed)
  3. Dec 08 2021
    DISTRIBUTED for Conference of 1/7/2022.
  4. Dec 06 2021
    Waiver of right of respondent Democratic National Committee, et al. to respond filed.
  5. Nov 18 2021
    Petition for a writ of certiorari filed. (Response due December 22, 2021)