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Walden v. Fiore

Docket No.12-574
Op. Below9th Cir.
ArgumentNov 4, 2013

Holding

When the conduct of the defendant, a Georgia police officer, occurred entirely in Georgia, the mere fact that his conduct affected plaintiffs with connections to Nevada does not authorize jurisdiction over him in Nevada.

Judgment

Reversed, 9-0, in an opinion by Clarence Thomas on Feb 25, 2014.

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, serves as counsel to the respondents in this case.

Issue: (1) Whether due process permits a court to exercise personal jurisdiction over a defendant whose sole “contact” with the forum state is his knowledge that the plaintiff has connections to that state; and (2) whether the judicial district where the plaintiff suffered injury is a district “in which a substantial part of the events or omissions giving rise to the claim occurred” for purposes of establishing venue under 28 U.S.C. § 1391(b)(2) even if the defendant”s alleged acts and omissions all occurred in another district.

Proceedings & orders timeline

Nov 6, 2012
Petition for a writ of certiorari filed. (Response due December 10, 2012)
Nov 30, 2012
Order extending time to file response to petition to and including January 9, 2013.
Jan 4, 2013
Order further extending time to file response to petition to and including January 24, 2013.
Jan 24, 2013
Brief of respondents Gina Fiore, and Keith Gipson in opposition filed.
Feb 6, 2013
DISTRIBUTED for Conference of February 22, 2013.
Feb 6, 2013
Reply of petitioner Anthony Walden filed. (Distributed)
Feb 25, 2013
DISTRIBUTED for Conference of March 1, 2013.
Mar 4, 2013
Petition GRANTED.
Mar 7, 2013
Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the petitioner.
Mar 12, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Mar 25, 2013
The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 28, 2013.
Mar 25, 2013
The time to file respondents' brief on the merits is extended to and including July 26, 2013.
May 28, 2013
Joint appendix filed. (Statement of costs received)
May 28, 2013
Brief of petitioner Anthony Walden filed.
May 31, 2013
Brief amicus curiae of Charles W. Adams filed.
Jun 3, 2013
Brief amici curiae of New England Legal Foundation and Associated Industries of Massachusetts filed.
Jun 4, 2013
Brief amicus curiae of the United States filed.
Jun 4, 2013
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jun 4, 2013
Brief amicus curiae of Federal Law Enforcement Officers Association filed.
Jun 4, 2013
Brief amici curiae of Alabama, et al. filed.
Jul 26, 2013
Brief of respondents Gina Fiore and Keith Gipson filed.
Jul 29, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 2, 2013
Brief amicus curiae of Workers' Injury Law & Advocacy Group filed.
Aug 19, 2013
CIRCULATED..
Aug 20, 2013
SET FOR ARGUMENT on Monday, November 4, 2013.
Aug 26, 2013
Reply of petitioner Anthony Walden filed. (Distributed)
Sep 24, 2013
Record from U.S.C.A for 9th Circuit is electronic and located on PACER.
Sep 24, 2013
Record from U.S.D.C. for District of Nevada is electronic and located on PACER.
Oct 7, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 4, 2013
Argued. For petitioner: Jeffrey S. Bucholtz, Washington, D. C.; and Melissa Arbus Sherry, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Thomas C. Goldstein, Washington, D. C.
Feb 25, 2014
Judgment REVERSED. Thomas, J., delivered the opinion for a unanimous court.
Mar 31, 2014
JUDGMENT ISSUED.

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