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Vivendi S.E., et al. v. EPAC Technologies Ltd.

Paid petition · Court of Appeals of New York, No. 2023-843 · judgment April 25, 2024


Certiorari denied · November 25, 2024
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

Does the Fourteenth Amendment’s Due Process Clause permit the exercise of personal jurisdiction over a nonresident defendant lacking any contacts with the forum state, on the sole basis that the defendant’s “close relationship” with a third-party signatory to a contractual forum-selection clause renders litigation in that forum foreseeable, given that this Court has repeatedly held that foreseeability alone is inadequate for jurisdiction?

Counsel of record

For petitioner
Vincent Gregory Levy
Holwell Shuster & Goldberg, LLP

For respondent
Sherman Kahn
Maschoff Brennan

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
23A1025

Proceedings

  1. Nov 25 2024
    Petition DENIED.
  2. Nov 06 2024
    DISTRIBUTED for Conference of 11/22/2024.
  3. Oct 25 2024
    Brief amici curiae of Professor John F. Coyle, et al. filed.
  4. Oct 25 2024
    Waiver of right of respondent EPAC Technologies Ltd to respond filed.
  5. Sep 23 2024
    Petition for a writ of certiorari filed. (Response due October 25, 2024)
  6. May 22 2024
    Application (23A1025) granted by Justice Sotomayor extending the time to file until September 23, 2024.
  7. May 15 2024
    Application (23A1025) to extend the time to file a petition for a writ of certiorari from July 24, 2024 to September 22, 2024, submitted to Justice Sotomayor.