Walden v. Fiore (12-574)
argument 12-574Walden v. Fiore
Supreme Court of the United States
1h 0m
5 speakers
8 chapters
transcribed 4 days ago
official recording ↗
Transcript
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What is the Ninth Circuit’s error regarding personal jurisdiction in Walden v. Fiore?
You'll hear argument first this morning in case twelve five seventy four, Walden versus Fiore. Mr Bockholz?
Mr. Chief Justice, may it please the Court. In holding that the the in holding that respondents could bring this Bivens lawsuit against Officer Anthony Walden in Nevada, the Ninth Circuit made two errors that independently require reversal. First, as to personal jurisdiction, the Ninth Circuit held that it was sufficient that respondents have connections to Nevada. And that Officer Walden allegedly targeted his conduct at them. knowing of their contacts with Nevada. That plaintiff centered approach is inconsistent with this court's precedents, which emphasize that the defendant himself must have meaningful contacts with the forum state. Second, as to venue, the Ninth Circuit relied on the fact that the respondents felt in Nevada the effects
of r of Officer Weldon's alleged conduct in Georgia. That similarly plaintive centred approach is in conflict with the text of the venue statute thirteen ninety one B two. Which focuses on where the events or omissions giving rise to the claim occurred Not where the impact of those events or omissions may be felt. Well, Justice Clea, I I think Um for the reasons set out in the Federal Law Enforcement Officer's Amica's brief Um which I'll try to explain. I think that it would be preferable For the court to address personal jurisdiction and not just venue. The the reason is that venue in remove cases works differently. There really is no venue per se in removed cases. And so if the court only reaches venue here and holds that venue is improper
Um in theory and maybe there are limitations problems with this, but in theory the plaintiffs could refile the same lawsuit. in state court in Nevada. It would be a Bibbins lawsuit, it would arise under federal law, so we would remove it. But then removal would mean under fourteen forty one A, venue would be proper per se in the district of removal. Because that's the way removal works. This court so held in Pulitzi uh half a century ago. And then There would be no personal jurisdiction uh the and then the personal jurisdiction would be under the Ninth Circuit's decision and we would be back exactly where we are now.
uh bring into the Court a constitutional question and the jurisdictional jurisdiction one does. That's true. And we usually try to avoid constitutional questions.
That's true. And the avoidance canon is certainly one factor the court could take into account in deciding which issue to reach or which issues to reach or in what order. On the other hand, the personal jurisdiction question is is a constitutional question, but it's not a constitutional question in the strong sense of the term, because the only reason that the con that the the personal jurisdiction question as applied in this case is a constitutional one is because Congress hasn't provided for nationwide service of process forbidvance claims. As the Court pointed out in Omnicapital, The co the Congress has the power to do that. It's not for the Court to do that on its own, to fill a perceived policy gap
uh i in in personal jurisdiction law. And so even though it is a constitutional question as currently configured, if Congress thought that it were uh a problem um to apply the existing personal juris jurisdiction jurisprudence to Bivens claims and wanted to provide for nationwide service of process based on the idea that what counts is contacts with the U. S. as a whole as opposed to any particular case. Not
likely is it, considering that the Bivens claim was created by this court and not Congress.
I'm not suggesting that Congress should do that. I I think Congress should not do that. I think Bivens claims for the reason that Your Honor just stated, uh is is sort of the last place that that anyone would should start to create a a more uh plaintiff friendly version of personal jurisdiction. Um the court has gone I'm sorry, Your Honor.
If you you would not have any problem about Uh assuming we agree with you that it's there's no personal jurisdiction, it's the wrong venue.
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Chapters
8 chapters
1
What is the Ninth Circuit’s error regarding personal jurisdiction in Walden v. Fiore?
0:01–7:29
2
How does the argument differentiate between plaintiff‑centered and defendant‑centered approaches to jurisdiction?
7:29–15:40
3
Why does the brief argue that venue is not the proper issue in this case?
15:40–25:24
4
What does the Court of Appeals’ decision in Calder say about “aiming” conduct at a state?
25:24–32:35
5
How do the parties compare the injury in Nevada to the injury in Georgia?
32:35–38:28
6
What hypothetical scenarios are used to test the limits of personal jurisdiction?
38:28–47:05
7
How do the parties explain the role of the false affidavit and the seizure claim?
47:05–54:18
8
What is the final request to the Court regarding jurisdiction versus venue and transfer?
54:18–1:01:08