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, about 2.3× 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
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, June 3, 2024 · Certiorari denied
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)