Minimum Contacts

News & Analysis as of

Television, Personal Jurisdiction, and Whether Corporate Knowledge Can be Imputed from Internet Drivel

You wouldn’t be the first to notice that some of our posts say more about television programs – and certainly with more gusto – than about the law. We could make the case that pop culture and the law are related, and that...more

Seventh Circuit Rejects Plaintiffs’ Chain-of-Causation Theory of Personal Jurisdiction

Although spring-break season is officially over, a recent Seventh Circuit decision offers a lesson to vacationers: When choosing your next vacation destination, make sure it’s somewhere you would be willing to visit again....more

Hazout v. Tsang Mun Ting, No. 353, 2015 (Del. Feb. 26, 2016) (Strine, C.J.)

In this decision, the Delaware Supreme Court rejected a long line of judicial decisions that had significantly limited the circumstances in which Delaware courts could exercise personal jurisdiction over nonresident directors...more

Federal Circuit Finds Personal Jurisdiction over Mylan in Two Hatch-Waxman Appeals

On Friday, March 18, the Court of Appeals for the Federal Circuit affirmed two District of Delaware rulings that non-resident defendant generic ANDA filer, Mylan, is subject to personal jurisdiction in two Hatch-Waxman suits...more

Federal Circuit Finds Personal Jurisdiction Based On Plans To Market ANDA Product

In Acorda Therapeutics Inc. v. Mylan Pharmaceuticals Inc., the Federal Circuit held that the filing of an Abbreviated New Drug Application (ANDA) and intentions to market the product across the United States–including in the...more

ANDA Filings Create Personal Jurisdiction Everywhere

In Acorda Therapeutics, Inc. v, Mylan Pharmaceutical Inc., [2015-1460) (March 18, 2016), the Federal Circuit affirmed that Mylan was subject to specific personal jurisdiction in the District of Delaware, The Federal Circuit...more

Will the Zippo sliding scale for Internet jurisdiction slide into oblivion?

Though Internet communications seem to occur in a mystical electronic ether (which we once called cyberspace), authors of Internet messages can be held accountable for them in that very traditional physical place known as a...more

The World in US Courts: New Decision of the US Supreme Court Limits Suits Against Non-US Governmental Entities

The US Foreign Sovereign Immunities Act (“FSIA”) codifies the doctrine of sovereign immunity and generally prohibits lawsuits in US courts against non-US sovereigns. But the FSIA has an exception where, among other things, a...more

DRI Product Law Update 2015

The U.S. Supreme Court decided four cases in the past year that are likely to have an effect on product liability litigation. Walden v. Fiore, 571 U.S. ––––, 134 S.Ct. 1115, 188 L.Ed.2d 12 (2014) (Specific Personal...more

ANDA Case Is Dismissed For Lack Of Personal Jurisdiction

The disputed technology is a generic rivastigmine patch. Defendant is a New Jersey corporation with a principal place of business in Vermont. Only specific jurisdiction is at issue since it is not “at home” in Delaware. ...more

Connecticut Court Possesses Personal Jurisdiction Over “Demonologist” Publisher

In the District of Connecticut, an out of state publisher with no alleged direct contacts with Connecticut recently lost its bid to have a case against it dismissed for lack of personal jurisdiction. Gerald Brittle sued...more

Blogging with Intent: Personal Jurisdiction and Defamation in the Internet Age

A California court of appeal recently decided that posting allegedly defamatory statements from Illinois on the Internet about a person living in California, without more, did not create “minimum contacts” for purposes of...more

Court Denies Generic Drug Manufacturer’s Motion to Dismiss Hatch-Waxman Patent Infringement Action on Jurisdiction Grounds

On March 12, the United States District Court for the Southern District of Indiana joined the District of Delaware and Eastern District of Texas as the first courts to consider a generic drug manufacturer’s motion to dismiss...more

Was It Wirth It? The Pennsylvania Supreme Court Sets a Low Bar for Minimum Contacts

In Wirth v. Commonwealth, the Supreme Court of Pennsylvania held that Pennsylvania personal income tax applied to non-resident limited partners whose only connection with the state was the ownership of a small interest in a...more

Class Action Roundtable - July 2014

Executive Summary: MODERATOR: What are the implications of Daimler AG v. Bauman? How will the Court’s decision impact the ability to bring class actions against large, multi-site corporations? STEVEN ELLIS:...more

Wading Through The Stream Of Commerce: When Can Foreign Manufacturers Expect To Be Subject To Specific Jurisdiction In United...

The question of whether a court may exercise personal jurisdiction over foreign product manufacturers on the basis of introducing goods into the "stream of commerce" has produced much litigation and confusion since that...more

Daimler and Walden: The Supreme Court's Continued Trend on Limiting Personal Jurisdiction

The Supreme Court has issued two decisions that clarify the limitations of general and specific jurisdiction over a non-resident defendant. A defendant corporation will be subject to general jurisdiction in a state only if...more

Feeling the Heat in Florida: Could Canadian Insurers Be Exposed to Florida’s Unfriendly Bad Faith Laws?

Could a Canadian insurer that only insures Canadian residents still be sued for bad faith in Florida for failing to performing certain duties that must be performed in Florida? A recent Florida intermediate appeals court...more

Supreme Court Limits Reach of General Jurisdiction for Corporations

The Supreme Court’s decision in Daimler AG v. Bauman (Jan. 14, 2014), dealing with the topic of “general jurisdiction,” significantly limits a plaintiff’s options as to where to bring a lawsuit. ...more

The World in US Courts: Decisions Discussed in This Issue: Fall 2013

Orrick is pleased to announce the third issue of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global Business and Cross-Border Activities. This issue discusses 33 new decisions that...more

Invitae Files Motion to Dismiss for Lack of Personal Jurisdiction in Myriad Genetics v. Invitae Corp.

It is often to a patentee plaintiff's strategic advantage to file suit in the district in which it resides, to obtain whatever "home court" advantage may attach to that venue. Myriad's choice of filing its post-Supreme Court...more

Illinois Supreme Court’s New Ruling May Impact the Minimum Contacts Requirement in Establishing Specific Personal Jurisdiction

In Russell v. SNFA, 2013 IL 113909, the Illinois Supreme Court upheld the exercise of specific personal jurisdiction under the “catch-all provision” of the Illinois Long-Arm Statute, which provides that a court “may also...more

Out-of-State Workers May Sue under Massachusetts Wage Act

Late last month, the Massachusetts Supreme Judicial Court held in Taylor v. Eastern Connection Operating, Inc. that out-of-state plaintiffs may bring suit under the Massachusetts independent contractor statute where the...more

Second Highest Penalty in FCPA History Comes with a Caution from the Bench about the Limits of the Act’s Jurisdiction

In Brief - The Foreign Corrupt Practices Act covers a nearly boundless range of business conduct by issuers and their agents in an ever more global world. Yet the contrast in sentences handed down in two recent FCPA...more

The Evolving Law of Personal Jurisdiction May Affect International Supply Chain Risk

In the last two months, the United States Supreme Court granted review in two cases involving the limits of federal court jurisdiction over foreign companies: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22,...more

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