Supreme Court Report

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HANWJH v. NBA Properties, Inc., et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 21-2909 · judgment August 16, 2022


Certiorari denied · January 9, 2023
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

The Due Process Clause permits a court to exercise personal jurisdiction over a non-resident defendant only if the defendant has “certain minimum contacts with [the forum state] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice.’” Int’l Shoe Co. v. Washington, 326 U.S. 310, 316, (1945) (quoting Milliken v. Meyer, 311 U.S. 457 (1940)). The questions presented are: Whether the “minimum contacts” requirement is met to establish specific personal jurisdiction over a non-resident defendant where the non-resident defendant operates an interactive website that is accessible to the forum as well as anywhere else in the planet. Whether the “minimum contacts” requirement is met to establish specific personal jurisdiction over a non-resident defendant where the single sale of the alleged infringing product sold and delivered to the forum was a purchase made by plaintiff’s investigator.

Counsel of record

For petitioner
Tianyu Ju
Glacier Law LLP

For respondent
Justin Randall Gaudio
Greer, Burns & Crain, Ltd.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 09 2023
    Petition DENIED.
  2. Dec 21 2022
    DISTRIBUTED for Conference of 1/6/2023.
  3. Dec 15 2022
    Waiver of right of respondent NBA Properties, Inc., et al. to respond filed.
  4. Nov 14 2022
    Petition for a writ of certiorari filed. (Response due December 19, 2022)