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Daimler Trucks North America LLC v. Superior Court of California, Los Angeles County, et al.

Paid petition · Court of Appeal of California, Second Appellate District, No. B316199 · judgment July 7, 2022


Certiorari denied · April 24, 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.

Questions presented

The Due Process Clause permits a state court to exercise specific personal jurisdiction over a non-resident defendant only when the plaintiff’s claims “arise out of or relate to” the defendant’s forum activities. Ford Motor Co. v. Montana Eighth Jud. Dist. Ct., 141 S. Ct. 1017, 1026 (2021). The questions presented are:

  1. Under the “relate to” prong, is specific jurisdiction limited to circumstances where a nonresident serves a market for a product in the forum and the product causes injury in the forum? Or, as the Court of Appeal held here, does the place of injury provide no territorial limit to the exercise of specific jurisdiction?

  2. If specific jurisdiction “does not mean anything goes” and “incorporates real limits,” as this Court held in Ford, what are those limits in California for nonresidents like Petitioner who are sued for a plaintiff’s accident and injury that occurs thousands of miles away in another state where they used a product that was also designed, manufactured, and sold in other states far outside of California?

  3. Because specific jurisdiction is based on the defendant’s contacts with the forum, is it proper for courts to consider a plaintiff’s residency in the forum, the availability of a passive website that can be accessed by anyone inside and outside the forum, or activity by an independent local third-party such as a dealer, distributor or repair facility?

Counsel of record

For petitioner
David Keith Schultz
Polsinelli LLP

For respondent
Allison M. Zieve
Public Citizen Litigation Group

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Apr 24 2023
    Petition DENIED.
  2. Apr 05 2023
    DISTRIBUTED for Conference of 4/21/2023.
  3. Mar 31 2023
    Reply of petitioner Daimler Trucks North America LLC filed.
  4. Mar 21 2023
    Brief of respondents Yongquan Hu and Jinghua Ren in opposition filed.
  5. Feb 23 2023
    Response Requested. (Due March 27, 2023)
  6. Feb 22 2023
    DISTRIBUTED for Conference of 3/17/2023.
  7. Feb 10 2023
    Brief amicus curiae of Association of Southern California Defense Counsel filed.
  8. Jan 23 2023
    Waiver of right of respondents Yongquan Hu and Jinghua Ren to respond filed.
  9. Jan 09 2023
    Petition for a writ of certiorari filed. (Response due February 10, 2023)