No. 25A612

Alison Maynard v. William R. Lucero, et al.

Lower Court: Texas
Docketed: 2025-11-24
Status: Application
Type: A
Tags: internet-communications minimum-contacts personal-jurisdiction preemption supremacy-clause wiretap-act
Latest Conference: N/A
Question Presented (from Petition)

Whether the Texas court may decline jurisdiction over nonresident defendants who committed wrongs by virtual means against a Texas resident in violation of the federal Wiretap Act, 18 U.S.C. Sec. 2520, based on lack of "minimum contacts" with the state as required by International Shoe v. Washington, 326 U.S. 310 (1945), when those defendants purposely availed themselves of Texas's internet facilities, knowledge base, and regulatory framework to commit their wrongs.

Whether a Texas law, the Texas Citizens' Participation Act (TCPA), Tex. Civ. Prac. & Rem. Code Sec. 27.005(d), which imposes a requirement that service be made within the same limitations period applicable to filing a complaint, is preempted by the federal Wiretap Act, which contains no such requirement relating to time of service, such that a different outcome would result depending on whether the claim was brought in federal as opposed to state court.

Question Presented (AI Summary)

Whether the Wiretap Act preempts state procedural laws and jurisdictional doctrines under the Supremacy Clause when a privacy invasion claim involves internet-based communications

Docket Entries

2025-11-25
Application (25A612) granted by Justice Alito extending the time to file until February 2, 2026.
2025-11-10
Application (25A612) to extend the time to file a petition for a writ of certiorari from December 4, 2025 to February 2, 2026, submitted to Justice Alito.

Attorneys

Alison Maynard
Alison Maynard — Petitioner