Supreme Court of the United States · Official docket →
Hawkeye Gold, LLC v. China National Materials Industry Import and Export Corporation, dba Sinoma
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-2800 · judgment December 19, 2023
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a business petitioner, and down for a business respondent.
Question presented
Rule 12(b) of the Federal Rules of Civil Procedure identifies four specific defenses, including lack of personal jurisdiction, which are waived if available to a party but omitted from a motion made by that party before answer. See Fed. R. Civ. P. 12(h)(1)(A). The question presented is: Whether a party waives the defense of lack of personal jurisdiction if available but omitted from its first court filing in a motion to set aside a default.
Counsel of record
For petitioner
Bartholomew L. McLeay
Kutak Rock, LLP
For respondent
Keliang Zhu
DeHeng Law Offices PC
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 03 2024Petition DENIED.
- May 14 2024DISTRIBUTED for Conference of 5/30/2024.
- May 10 2024Reply of petitioner Hawkeye Gold, LLC filed. (Distributed)
- Apr 29 2024Brief of respondent China National Materials Industry Import and Export Corporation, d/b/a Sinoma in opposition filed.
- Mar 26 2024Petition for a writ of certiorari filed. (Response due April 29, 2024)