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Zembrka, et al. v. American Girl, LLC

Paid petition · United States Court of Appeals for the Second Circuit, No. 21-1381 · judgment September 17, 2024


Certiorari denied · January 21, 2025
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below, and down for a business respondent.

Question presented

Whether an e-commerce seller’s virtual presence and conduct – operating an interactive website accessible in a forum state – constitutes “minimum contacts” sufficient to establish specific personal jurisdiction.

Counsel of record

For petitioner
Tianyu Ju
Glacier Law LLP

For respondent
Kerry Brownlee
Epstein Drangel LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 21 2025
    Petition DENIED.
  2. Dec 31 2024
    DISTRIBUTED for Conference of 1/17/2025.
  3. Dec 20 2024
    Waiver of right of respondent American Girl, LLC to respond filed.
  4. Dec 14 2024
    Petition for a writ of certiorari filed. (Response due January 16, 2025)