Bar Exam Toolbox Podcast Episode 169: Listen and Learn -- Personal Jurisdiction (Civ Pro)
The scope of New York’s long arm jurisdiction may be broader than you anticipate. In State of New York v. Vayu, 2023 N.Y. Slip Op. 801, 2023 WL 1973001 (February 14, 2023), the New York Court of Appeals, in a 5-1 decision,...more
In an important case that could blow the doors open on personal jurisdiction so that corporations can be subject to suit anywhere they do business, the Supreme Court heard oral argument on Tuesday. In Mallory v. Norfolk...more
Mallory v. Norfolk Southern Railway Co., docket number 21-1168 originating from the Supreme Court of Pennsylvania, has far-reaching implications which could impinge on the booming forum-shopping industry. Any defendant who...more
Focusing on the first prong of the minimum contacts test (whether the foreign defendant purposefully directed its activities at the United States) the US Court of Appeals for the Ninth Circuit reversed a district court...more
On June 30th, 2022, the Ninth District Court of Appeals issued a significant decision in Magnum Asset Acquisition, LLC v. Green Energy Technologies, LLC. The Court decided that virtual communication between parties to a...more
In the wake of the recent six-week-long trial and defamation verdict in favor of Johnny Depp in Virginia's Fairfax County Circuit Court, many are asking what led to this outcome. Holland & Knight litigators share three...more
Welcome back to the Bar Exam Toolbox podcast! In today's "Listen and Learn" episode, we look at the various ways of establishing whether a court has jurisdiction over the parties in a lawsuit. In this episode, we discuss: ...more
On December 22, 2021, the Supreme Court of Pennsylvania issued a decision in Mallory v. Norfolk S. R.R. Co., Civ. A. No. 3 EAP 2021, Slip. Op. J-49-2021, at 33, 44 (Pa. Dec. 22, 2021) that is sure to become the pillar of...more
Skye Mineral Investors, LLC v. DXS Capital (U.S.) Ltd., C.A. No. 2018-0059-JRS (Del. Ch. Jul. 15, 2021). Delaware’s long-arm statute permits service of process on a foreign defendant by personal service, by mail with...more
Recently, Justice James Hudson issued a decision testing the limits of New York’s Long Arm Statute. The Court was tasked with determining whether personal jurisdiction exists over an out-of-state defendant, based on a claim...more
Lacey v. Mota-Velasco, C.A. No. 2019-312-SG (Del. Ch. Oct. 6, 2020) - Under Istituto Bancario, a foreign defendant alleged to be part of a conspiracy may be subject to personal jurisdiction in Delaware, but only if the...more
Undoubtedly, unsuspecting foreign corporations may find themselves having business connections in New York and subject to the jurisdiction of New York courts....more
Bass, Berry & Sims attorney Chris Lazarini examines a court’s two-step process to determine if personal jurisdiction exists over a non-resident defendant. The court ruled the exercise of jurisdiction (1) must be appropriate...more
Decker Constr. Co. v. Wesex Corp., No. 2:18-cv-727, 2019 BL 232653 (S.D. Ohio June 24, 2019) - In Decker Construction Co. v. Wesex Corporation, the United States District Court for the Southern District of Ohio declined to...more
As lawyers, we learn early on about the necessity that a court must have personal jurisdiction over a defendant in order to enter a valid, enforceable judgment. Recently, the Tennessee Court of Appeals, in Corporate Flight...more
In a wrongful death suit by a Massachusetts wife of a man and their child who drowned in a Montreal hotel pool, a Massachusetts federal court held in Nandjou v. Marriott Internationalthat it had jurisdiction under the state...more
New York courts will continue to scrutinize the factual basis for personal jurisdiction over non-New York defendants with a fact-intensive inquiry. In Williams et al., v. Beemiller, Inc. et al., the New York Court of...more
Reflecting on your first year of law school, you begrudgingly remember learning about personal jurisdiction and the long-arm statute. As a commercial litigator, one of your first questions in representing a defendant should...more
A Post-URAA Patent that Issues After but Expires Before a Related Pre-URAA Patent Is Not a Double-Patenting Reference Against the Pre-URAA Patent - In Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical Inc.,...more
Federal Circuit Summary - Before Newman, Wallach, and Stoll. Appeal from the District Court of the Northern District of Texas. Summary: There is no generalized rule that sending letters alleging patent infringement...more
Addressing the issue of personal jurisdiction under the Illinois long arm statute, the US Court of Appeals for the Seventh Circuit reversed the district court’s holding that Ariel Capital Investors had infringed Ariel...more
The Bankruptcy Court for the Southern District of New York recently held that a foreign counsel cannot be sanctioned for an attempt to assist its client in avoiding discovery orders issued by the court, when personal...more
Brook, as Trustee of the David North II Trust, successor to the assets of Cortina Financial, Inc. v. McCormley, et al., No. 16-4255 (7th Cir. 2017) Brief Summary - The Seventh Circuit affirmed the district court's...more
Following recent precedent from the U.S. Supreme Court, the Illinois Supreme Court limited the circumstances in which a non-resident corporate defendant can be subject to suit in Illinois on claims with no connection to the...more
EBP Lifestyle Brands Holdings Inc. v. Boulbain, C.A. No. 2017-0269-JRS (Aug. 4, 2017) - This decision holds that owning shares in a closely-held Delaware corporation and entering into a stockholders’ agreement containing a...more