Personal Jurisdiction

News & Analysis as of

Unusual Removal Situation Yields Favorable Result

We’re pretty familiar with most diversity-based removal techniques, so when we see something unusual, we sit up and take notice (as we did with removal before service) – then we blog about it. Today’s case is Bahalim v....more

Supreme Court Declines to Revisit Broad Personal Jurisdiction Over ANDA Filers

On Monday, January 9, 2017, the U.S. Supreme Court denied, without comment, Mylan Pharmaceuticals’ petition for certiorari to reverse an opinion by the Court of Appeals for the Federal Circuit, which affirmed a broad scope of...more

Supreme Court Declines to Review Personal Jurisdiction Ruling in Drug Patent Case

In March 2016, a Federal Circuit panel issued a decision in Acorda Therapeutics Inc. v. Mylan Pharmaceuticals Inc. in which it held that Mylan was subject to specific personal jurisdiction in the District of Delaware because...more

Jurisdictional Law Hailed as Impetus to End Russian Art Loan Embargo that is Actually Unaffected by that Law

With reports that Russia is considering abandoning the nearly five year old embargo on loans of cultural artifacts into the United States, the cited connection between that willingness and the recent passage of the Foreign...more

Foreign Companies (India) Establishing U.S. Subsidiaries – Some Jurisdictional Considerations (New Jersey)

Last week, a first level appellate court in New Jersey issued an opinion for publication discussing the potential grounds for finding jurisdiction over a foreign parent corporation when its wholly-owned subsidiary has its...more

Investor’s Relocation to New York after Structuring a Financing Deal in Hong Kong Does Not Provide a Basis for Suit Against Swiss...

In Ace Decade Holdings Ltd. v. UBS AG, No. 653316/2015, 2016 BL 413780 (N.Y. Sup. Ct. Dec. 7, 2016), Justice Eileen Bransten of the Commercial Division dismissed a $500 million fraud suit brought by an investment holding...more

NY Expands Jurisdictional Reach Over Foreign Banks Using Correspondent Accounts

The New York Court of Appeals recently gave a leg-up to plaintiffs seeking to hale foreign banks before New York state courts, clarifying that the use of a New York-based correspondent account could, under certain...more

Will forum shopping days, like holiday shopping days, soon come to an end?

It’s no secret that plaintiffs bringing patent litigation choose the forum carefully. Though the appellate review of patent litigation is centralized in one appellate court with limited jurisdiction – the Court of Appeals for...more

Motion To Dismiss For Lack Of Personal Jurisdiction Is Granted

Robinson, J. Defendant’s motion to dismiss for lack of personal jurisdiction is granted. The court finds that defendant has not sold a product, either directly or through a subsidiary, to a national reseller. Instead, it...more

"Cross-Border Investigations Update - December 2016"

This issue of Skadden’s semiannual Cross-Border Investigations Update looks at Brexit’s impact on corporate crime and investigations, the U.S. DOJ’s increased use of forfeiture actions with international implications, current...more

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

Alter Ego and Agency – A Different Spin on Jurisdiction

This is the second time in two years that we have written the Drug and Device Law Christmas blogpost. Last year, your dedicated blogger posted on Christmas Day a nice little piece on innovator liability that we are sure you...more

Supreme Court May Overturn 25-Year Precedent on Forum Shopping

Last week, the Supreme Court accepted an invitation to weigh in on the hotly contested issue of forum shopping. What the Court decides next could dramatically impact patent litigation throughout the nation....more

Foreclosures – Enforcement of Judgments – Equitable Redemption

Yung-Shen Steven Lee v. Howard Rich - Court of Appeal, Fourth Appellate District (November 30, 2016) - In 1982, the California Legislature enacted the Enforcement of Judgments Law (“EJL”), Code of Civil Procedure...more

Supreme Court to Review Forum Shopping in Patent Infringement Litigation

In a development that may signal a major change in patent litigation practice, the U.S. Supreme Court has granted certiorari to hear a challenge to the rules governing where patent owners can file infringement actions against...more

Supreme Court Corner - Q4 2016

CASES WE ARE WATCHING Lenz v. Universal Music Corp. - COPYRIGHT – Cert. Pending ISSUE: Whether, in sending a takedown notice under the DMCA, the copyright holder’s “good faith belief” of copyright infringement may be...more

New York’s high court finds jurisdiction over foreign bank on basis of correspondent bank account activity

In a ruling that three dissenting judges warned would “have grave implications for correspondent banking relationships,” New York’s Court of Appeals has reinstated claims against a Swiss bank after concluding that its alleged...more

Rasheed Al Rushaid v. Pictet & Cie – New York Court of Appeals Rules In A 4-3 Decision That Foreign Bank Is Subject To Personal...

In Rasheed Al Rushaid v. Pictet & Cie, the New York Court of Appeals ruled in a November 22, 2016 decision that a foreign bank’s allegedly intentional and repeated use of correspondent bank accounts in New York was sufficient...more

Supreme Court to Decide Patent Infringement Suit Venue Issue with Potentially Immense Implications

The U.S. Supreme Court this week granted TC Heartland, LLC’s (“Heartland’s”) petition for a writ of certiorari regarding the patent infringement venue statute, 28 U.S.C. § 1400(b). Heartland appealed the Federal Circuit’s...more

U.S. Supreme Court Grants Certiorari to Review Patent Venue Statute

On December 14, 2016, the Supreme Court granted certiorari in TC Heartland, LLC v. Kraft Foods Group Brands LLC. The question presented is: Whether 28 U.S.C. § 1400(b) is the sole and exclusive provision governing...more

Is the Eastern District of Texas’ Reign as the Busiest Patent Court in the Country About to End?

The Supreme Court has agreed to hear argument in a case—TC Heartland LLC v. Kraft Food Brands Group LLC, No. 16-341—that may lead to significant restrictions on where patent infringement cases can be filed. The Federal...more

Discovery Misconduct “As Deep As It Is Wide” Merits Harsh Sanctions

Arrowhead Capital Fin., Ltd. v. Seven Arts Entertainment, Inc., No. 14 Civ. 6512 (KPF), 2016 U.S. Dist. LEXIS 126545 (S.D.N.Y. Sept. 16, 2016). The court imposed substantial sanctions on the defendants and their...more

Court Of Chancery Clarifies Personal Jurisdiction Over LLC Managers

The Delaware LLC Act provides for personal jurisdiction in Delaware over those who manage a Delaware LLC—i.e., those who are named as managers in the LLC agreement, and those who participate materially in the LLC’s...more

Even in Social Media Age, Web Presence Without Specific Showing of Customer Interaction is Not Enough for Personal Jurisdiction

Ask any 1L – personal jurisdiction has always been a tricky issue. But in the internet era, even courts have grappled with how to determine whether an online presence is sufficient to establish personal jurisdiction over a...more

NY Court of Appeals Finds Personal Jurisdiction Based on Use of NY Correspondent Bank Accounts

A sharply divided New York Court of Appeals recently held that defendants who allegedly made intentional and repeated use of New York correspondent bank accounts for money laundering thereby purposefully transacted business...more

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