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Ford Motor Company v. Montana Eighth Judicial District Court

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
19-368 Mont. Oct 7, 2020 Mar 25, 2021 8-0 Kagan OT 2020

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus brief in support of the respondents in this case.

Holding: The connection between plaintiffs’ product-liability claims arising from car accidents occurring in each plaintiff’s state of residence and Ford’s activities in those states is sufficient to support specific jurisdiction in the respective state courts, even though the automobiles involved in the accidents were manufactured and sold elsewhere.

Judgment: Affirmed, 8-0, in an opinion by Justice Kagan on March 25, 2021. Justice Alito filed an opinion concurring in the judgment. Justice Gorsuch filed an opinion concurring in the judgment, in which Justice Thomas joined. Justice Barrett took no part in the consideration or decision of this case.

DateProceedings and Orders (key to color coding)
Jul 24 2019Application (19A103) to extend the time to file a petition for a writ of certiorari from August 19, 2019 to September 18, 2019, submitted to Justice Kagan.
Jul 25 2019Application (19A103) granted by Justice Kagan extending the time to file until September 18, 2019.
Sep 18 2019Petition for a writ of certiorari filed. (Response due October 21, 2019)
Sep 26 2019Blanket Consent filed by Petitioner, Ford Motor Company.
Oct 01 2019Motion to extend the time to file a response from October 21, 2019 to November 20, 2019, submitted to The Clerk.
Oct 04 2019Motion to extend the time to file a response is granted and the time is extended to and including November 20, 2019.
Oct 21 2019Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
Oct 21 2019Brief amicus curiae of The Alliance of Automobile Manufacturers filed. VIDED.
Nov 20 2019Brief of respondent Charles Lucero, personal representative of the Estate of Markkaya Jean Gullett in opposition filed.
Dec 04 2019DISTRIBUTED for Conference of 1/10/2020.
Dec 04 2019Reply of petitioner Ford Motor Company filed.
Jan 13 2020DISTRIBUTED for Conference of 1/17/2020.
Jan 17 2020Petition GRANTED. The petition for a writ of certiorari in No. 19-369 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jan 17 2020Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-368. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-368. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jan 27 2020Blanket Consent filed by Petitioner, Ford Motor Company.VIDED.
Feb 21 2020SET FOR ARGUMENT on Monday, April 27, 2020. VIDED.
Feb 26 2020Record requested from the Supreme Court of Montana.
Feb 28 2020Joint appendix filed (statement of costs filed). VIDED.
Feb 28 2020Brief of petitioner Ford Motor Company filed. VIDED.
Mar 04 2020The record of the Supreme Court of Montana is available on its' website (www.supremecourtdocket.mt.gov).
Mar 05 2020Brief amicus curiae of Product Liability Advisory Council, Inc. filed. VIDED.
Mar 06 2020Brief amicus curiae of Washington Legal Foundation filed. VIDED.
Mar 06 2020Brief amicus curiae of United States filed. VIDED.
Mar 06 2020Brief amici curiae of The Alliance for Automobile Innovation, et al. filed. VIDED.
Mar 06 2020Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
Mar 06 2020Brief amici curiae of Pharmaceutical Research and Manufacturers of America (PhRMA) filed. VIDED.
Mar 06 2020Brief amicus curiae of Institute of International Bankers filed. VIDED.
Mar 06 2020Brief amicus curiae of DRI - The Voice Of The Defense Bar filed. VIDED.
Mar 19 2020CIRCULATED
Mar 30 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Mar 30 2020Brief of respondents Charles Lucero, personal representative of the Estate of Markkaya Jean Gullett, et al. filed. VIDED. (Distributed)
Apr 02 2020Brief amicus curiae of Professor Jonathan R. Nash filed. VIDED. (Distributed)
Apr 02 2020Brief amicus curiae of Civil Procedure Professors filed. VIDED. (Distributed)
Apr 03 2020ORAL ARGUMENT POSTPONED. VIDED.
Apr 03 2020Brief amici curiae of Civil Procedure and Federal Courts Professors filed. VIDED. (Distributed)
Apr 03 2020Brief amicus curiae of The Center for Auto Safety filed. VIDED. (Distributed)
Apr 06 2020Motion of Minnesota, et al. for leave to participate in oral argument as amici curiae and for divided argument filed. VIDED.
Apr 06 2020Brief amici curiae of Professors of Jurisdiction filed. VIDED. (Distributed)
Apr 06 2020Brief amici curiae of Civil Procedure Professors Pamela K. Bookman, et al. filed. VIDED. (Distributed)
Apr 06 2020Brief amicus curiae of Foundation for Moral Law filed. VIDED. (Distributed)
Apr 06 2020Brief amicus curiae of National Association of Home Builders filed. VIDED. (Distributed)
Apr 06 2020Brief amicus curiae of Main Street Alliance filed. VIDED. (Distributed)
Apr 06 2020Brief amici curiae of American Association for Justice and Public Justice, P.C. filed. VIDED. (Distributed)
Apr 06 2020Brief amici curiae of Minnesota, Texas, 37 Other States and The District of Columbia filed. VIDED. (Distributed)
Apr 13 2020Argument to be rescheduled for the October Term 2020. VIDED.
Apr 20 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument DENIED. VIDED.
Apr 20 2020Motion of Minnesota, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED. VIDED.
Apr 29 2020Reply of petitioner Ford Motor Company filed. VIDED. (Distributed)
Jul 13 2020SET FOR ARGUMENT on Wednesday, October 7, 2020. VIDED.
Oct 07 2020Argued. For petitioner: Sean Marotta, Washington, D.C. For respondents: Deepak Gupta, Washington, D. C. VIDED.
Dec 16 2020Record from the 8th Judicial District Court of Montana electronically received.
Mar 25 2021Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Sotomayor, and Kavanaugh, JJ., joined. Alito, J., filed an opinion concurring in the judgment. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined. Barrett, J., took no part in the consideration or decision of the cases. VIDED.
Apr 26 2021MANDATE ISSUED.
Apr 26 2021JUDGMENT ISSUED.