Supreme Court of the United States · Official docket →
Scandinavian Airlines System, aka SAS, dba Scandinavian Airlines of North America, Incorporated v. Susan Hardy
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-30632 · judgment August 26, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a business petitioner, and a petition filed soon after the judgment below.
Question presented
Federal Rule of Civil Procedure 4(k)(2) provides that the filing of a waiver of service establishes jurisdiction over a defendant if: (1) the defendant is not subject to jurisdiction in any state’s courts of general jurisdiction; and (2) the exercise of jurisdiction is consistent with the United States Constitution. Fed. R. Civ. P. 4(k)(2). The question presented is: Whether the Due Process Clause of the Fifth Amendment to the United States Constitution authorizes a federal court to exercise specific personal jurisdiction over a foreign corporation in a personal injury action arising from an alleged incident and conduct that occurred wholly outside the United States.
Counsel of record
For petitioner
Bartholomew J Banino
Condon & Forsyth LLP
For respondent
William Thomas Woodrow III
Woodrow Law Group
Case
Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, March 3, 2025 · Certiorari denied
Proceedings
- Mar 03 2025Petition DENIED.
- Feb 12 2025DISTRIBUTED for Conference of 2/28/2025.
- Feb 07 2025Reply of petitioner Scandinavian Airlines System filed.
- Jan 24 2025Brief of respondent Susan Hardy in opposition filed.
- Dec 13 2024Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2025.
- Dec 12 2024Motion to extend the time to file a response from December 27, 2024 to January 27, 2025, submitted to The Clerk.
- Nov 25 2024Petition for a writ of certiorari filed. (Response due December 27, 2024)