Supreme Court of the United States · Official docket →
BASF Metals Limited, et al. v. KPFF Investment, Inc., et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 20-1458, 20-1575, 20-1611 · judgment February 27, 2023
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Second Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.
Question presented
Before a court may exercise specific personal jurisdiction over an out-of-forum defendant, due process requires that at a minimum (i) the defendant of “[its] own choice” must have “purposefully avail[ed] itself of the privilege of conducting activities within the forum State” and (ii) the plaintiff’s claim “‘must arise out of or relate to the defendant’s contacts’ with the forum.” Ford Motor Co. v. Mont. Eighth Jud. Dist. Ct., 141 S. Ct. 1017, 1024-25 (2021) (citations omitted). Some courts, however, subject a defendant to specific jurisdiction whenever one of that defendant’s alleged co-conspirators is subject to specific jurisdiction, even if that defendant’s own conduct fails to meet those two requirements. The U.S. Court of Appeals for the Second Circuit applied such “conspiracy jurisdiction” here to subject Petitioners to specific jurisdiction. Accordingly, the question presented is: Whether due process permits a court to exercise specific personal jurisdiction over a defendant based on the forum contacts of an alleged co-conspirator, even when the defendant did not direct, control, or supervise the activities of that alleged co-conspirator.
Counsel of record
For petitioner
Michael Francis Williams
Kirkland and Ellis LLP
For respondent
Jennifer Dale Bennett
Gupta Wessler LLP
Proceedings
- Jan 16 2024Petition DENIED.
- Dec 27 2023DISTRIBUTED for Conference of 1/12/2024.
- Dec 26 2023Reply of petitioners BASF Metals Limited, et al. filed. (Distributed)
- Dec 21 2023Respondents’ Corporate Disclosure Statement, filed with respect to brief and opposition of respondent White Oak Fund LP.
- Dec 13 2023Brief of respondents KPFF Investment, Inc., et al. in opposition filed.
- Oct 25 2023Motion to extend the time to file a response is granted and the time is further extended to and including December 13, 2023.
- Oct 23 2023Motion to extend the time to file a response from November 13, 2023 to December 13, 2023, submitted to The Clerk.
- Oct 13 2023Motion for leave to file amici brief filed by International Association of Defense Counsel.
- Oct 10 2023Brief amicus curiae of New England Legal Foundation filed.
- Oct 06 2023Brief amicus curiae of Atlantic Legal Foundation filed.
- Oct 04 2023Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2023.
- Oct 02 2023Motion to extend the time to file a response from October 13, 2023 to November 13, 2023, submitted to The Clerk.
- Sep 11 2023Petition for a writ of certiorari filed. (Response due October 13, 2023)
- Jul 06 2023Application (23A2) granted by Justice Sotomayor extending the time to file until September 11, 2023.
- Jun 29 2023Application (23A2) to extend the time to file a petition for a writ of certiorari from July 11, 2023 to September 9, 2023, submitted to Justice Sotomayor.