on behalf of family members who were killed by an ISIS attack while serving as government contractors in Jordan, argued that their injury was caused "by reason of" Twitter's material support of ISIS, because ISIS-affiliated individuals used Twitter. Applying the U.S. Supreme Court's analysis of statutes with similar language, Smith held that a plaintiff must show at least some direct relationship between the injuries that he or she suffered and the defendant's acts. Because plaintiffs failed to plead a connection between Twitter's provision of accounts to ISIS and the deaths of the government contractors, the panel dismissed their claims. Writing for a 2-1 majority, Smith vacated an arbitration award issued to Monster Energy after an arbitrator failed to disclose his ownership interest in JAMS, the alternative dispute resolution provider that had administered the arbitration. The panel explained that because the arbitrator's ownership interest in JAMS was sufficiently substantial, and because JAMS repeatedly arbitrated matters involving Monster Energy, the relationship should have been disclosed based on the U.S. Supreme Court's holding that vacatur of an arbitration award is supported where the arbitrator fails to "disclose to the parties any dealings that might create an impression of possible bias." On June 29, 2020, the U.S. Supreme Court denied cert. See also Udall family Lee-Hamblin family References External links U.S. Department of Justice Profile Fotouhi, David, "From Worst to First?: Judge Smith Describes Improving the Ninth Circuit," Harvard Law Record, April 24, 2008. "Senate approves Smith's brother for federal appeals court," The Associated Press, May 17, 2006 "White House Looks at Two Names for Ninth Circuit," The Recorder, November 9, 2005 1942 births 21st-century American judges American Latter Day Saints Brigham Young University alumni Judges of the United States Court of Appeals for the Ninth Circuit Living people People from Pendleton, Oregon Udall family United States court of appeals judges appointed by George W. Bush University of Chicago Law School alumni