Supreme Court of the United States · Official docket →
Kristen Behrens, et al. v. Arconic, Inc., et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 20-3606, 21-1040, 21-1041 · judgment July 8, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
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Should this Court extend its holding in Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981) and hold that where a foreign plaintiff has made a wellsupported claim for punitive damages against an American corporation for American-based punitive conduct which caused harm abroad, the unavailability of a punitive remedy in an alternative forum shall weigh against dismissal of the case for forum non conveniens?
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If a district court finds that there is a wellsupported claim for punitive damages arising out of American-based punitive conduct but determines that the case should be dismissed for forum non conveniens, is the court permitted to implement a return-jurisdiction condition on its dismissal allowing for the punitive damages claim to ultimately be tried in the United States?
Counsel of record
For petitioner
Mark Andrew DiCello
DiCello Levitt LLC
For respondent
Jason Clifford Murray
Bartlit Beck LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 21 2023Petition DENIED.
- Feb 01 2023DISTRIBUTED for Conference of 2/17/2023.
- Jan 17 2023Waiver of right of respondent Whirlpool Corporation to respond filed.
- Jan 10 2023Waiver of right of respondents Arconic, Inc., et al. to respond filed.
- Jan 05 2023Petition for a writ of certiorari filed. (Response due February 8, 2023)