{"id":12811,"date":"2021-11-16T09:10:18","date_gmt":"2021-11-16T14:10:18","guid":{"rendered":"https:\/\/journals.law.harvard.edu\/crcl\/?p=12811"},"modified":"2021-11-16T09:18:59","modified_gmt":"2021-11-16T14:18:59","slug":"ames-moot-court-final-round-november-16-2021","status":"publish","type":"post","link":"https:\/\/journals.law.harvard.edu\/crcl\/ames-moot-court-final-round-november-16-2021\/","title":{"rendered":"Ames Moot Court Final Round \u2013 November 16, 2021"},"content":{"rendered":"

Welcome to CR-CL\u2019s Live Blog of the Ames Moot Court Finals! <\/strong><\/p>\n

Please scroll down for the live blog. We\u2019ll start blogging shortly before 7:30 pm on November 16, 2021.<\/strong><\/p>\n

The Ames Competition is one of the most prestigious competitions for appellate brief writing and advocacy in the country. Students participating in the Final Round started the competition in the fall of their 2L year.\u00a0 From there, two teams progress to the Final Round through their strong research abilities and excellent written and oral advocacy. The Final Round is traditionally judged by this country\u2019s preeminent jurists. Past Ames Competition winners include Professor Cass Sunstein, Dean Kathleen Sullivan, Massachusetts Governor Deval Patrick, and Justice Harry Blackmun.<\/p>\n

Presiding over this year’s competition are the Honorable Elena Kagan, Supreme Court of the United States, the Honorable Consuelo Callahan, United States Court of Appeals for the Ninth Circuit, and the Honorable Kimberly Budd, Chief Justice, Massachusetts Supreme Judicial Court<\/p>\n

The teams that competed in the 2021 Ames Final Round are below, as well as a summary of the case and the briefs submitted for the Final Round.<\/p>\n

***<\/p>\n

\n

Charles Artiss v. Westlake Pharmaceuticals, Inc.\u00a0<\/strong><\/em><\/p>\n

This appeal is about two kinds of personal jurisdiction: specific jurisdiction, which exists when a plaintiff\u2019s claims arise out of or relate to the defendant\u2019s contacts with the forum State; and consent jurisdiction, which exists when a defendant manifests consent, either implicitly or explicitly, to jurisdiction in the State.<\/p>\n

Charles Artiss sued Westlake Pharmaceuticals, a Delaware company, alleging defects in Westlake\u2019s design and label of an anti-anxiety medicine. The wrinkle is that the drug that injured Artiss was not manufactured or sold by Westlake, but instead by one of Westlake\u2019s generic competitors, which is required by federal law to mimic Westlake\u2019s design and label. This theory of liability, known as \u201cdesign liability\u201d or \u201cinnovator liability,\u201d is accepted in the State of Ames.<\/p>\n

Artiss asserts two bases for personal jurisdiction. First, he argues that Westlake is subject to specific personal jurisdiction because, under the Supreme Court\u2019s decision in Ford Motor Co. v. Montana Eighth Judicial District Court<\/em>, 141 S. Ct. 1017 (2021), there is no need for a causal connection between Westlake\u2019s contacts and Artiss\u2019s claim; it is enough that Westlake has robust, germane contacts with the forum (e.g., it sells its medicine there, has an office there, and advertises there). Second, he cites an Ames statute providing that \u201c[i]ncorporation, registration, or carrying on continuous business\u201d in Ames \u201cis hereby conditioned upon consent to jurisdiction by the State\u2019s courts.\u201d Artiss argues that because Westlake is registered and does business in Ames, it has consented to jurisdiction.<\/p>\n

The Supreme Court of Ames ruled in Westlake\u2019s favor, finding the connection between Westlake\u2019s contacts and Artiss\u2019s claims too remote to support personal jurisdiction, and holding that Ames\u2019s statute is unconstitutional insofar as it effectively creates general personal jurisdiction where the Supreme Court in Daimler AG v. Bauman<\/em>, 571 U.S. 117 (2014), found none. Artiss sought certiorari, which was granted on both issues.<\/p>\n

\u2014<\/p>\n

The Carrie E. Buck Memorial Team<\/u> (Petitioner)<\/strong>
\nJohn Acton
\nJason Altabet*
\nMatt J. Bendisz
\nRyan Dunbar
\nMaria Huryn
\nFenella McLuskie*<\/p>\n

The Lila A. Fenwick Memorial Team<\/u> (Respondent)<\/strong>
\nChinyere Amanze*
\nAvita Anand
\nReagan Chrisco
\nSarah Maher
\nMorgan Sandhu*
\nMariah Watson
\n*Oralist<\/p>\n<\/div>\n

\n

\u2014<\/p>\n<\/div>\n