Personal Jurisdiction

News & Analysis as of

Sarvint Retains Jurisdiction in the Northern District in Another Order from Judge Batten

Judge Batten denied a motion brought by Carré Technologies, Inc. (“Carré”) to dismiss[i] apatent infringement action brought by Sarvint Technologies, Inc. (“Sarvint”) for lack of personal jurisdiction. The Court began by...more

E-mail and Telephone Call Held Sufficient to Justify Exercise of Personal Jurisdiction

In Moncrief v. Clark (H040098, filed July 21, 2015), the California Court of Appeal, Sixth District, held that an out-of-state attorney’s phone call and e-mail to a California attorney, pertaining to a deal between their...more

Don’t Get Personal

Xilinx, Inc. v. Papst Licensing GMBH & Co. KG (Judge Lucy Koh) (July 9, 2015) - The Supreme Court’s 2014 ruling in Daimler v. Bauman raised the bar to establish personal jurisdiction over a defendant. Daimler has made it...more

“Just Do It” – Nike Convinces Court to Dismiss Plaintiff’s Discrimination Claims Brought On Its Own Turf

In Ranza v. Nike (9th Cir. 13-35251), published July 16, 2015, the Ninth Circuit upheld the dismissal of plaintiff’s claim for sex and age discrimination under the doctrine of forum non conveniens (“inconvenient forum”). The...more

New Court Decisions Expose Non-U.S. Banks With U.S. Branches To New Risks Of Litigation In American Courts

Non-U.S. banks with branches in New York and elsewhere in the United States find themselves sued or otherwise exposed to judicial orders in American courts with regularity. The cases reflect the full range of U.S. legal...more

Out-of-State M&A Lawyer Can Be Sued In California

Many M&A transactions are negotiated across state lines.  When an out-of-state lawyer misrepresents facts in a phone call and email to a lawyer in California, do those communications render the foreign lawyer amenable to suit...more

Comprehensive Ruling on Personal Jurisdiction and Transfer Issues Offers Cautions and Gems for In-house Counsel and Trial Lawyers

In a 46-page order, Judge Timothy Batten denied a motion to dismiss under FRCP 12(b)(2) and (3) for lack of personal jurisdiction and improper venue, or in the alternative to transfer venue brought by OMsignal, Inc....more

Missouri Court Applies Bauman; Merely Doing Business Did Not Show Enough for Personal Jurisdiction

It offends our sensibilities (and sense of self-preservation) when we see a lawsuit in a jurisdiction that is home to neither the plaintiff, nor the defendant, nor any of the activities that gave rise to the claims. Often,...more

Thinking of Becoming an Expat? Watch Out for the Exit Tax

An increasing number of Americans are opting for an expatriate life. In fact, as MSN reports, more Americans than ever have renounced their U.S. citizenship in the first quarter of 2015. Moving abroad and getting a new...more

Beware the Quagmire of Personal Jurisdiction

A plaintiff in the District of New Hampshire recently found itself stuck in an unenviable and inescapable jurisdictional hole. Plaintiff Presby Patent Trust sued Infiltrator Systems, a Connecticut-based manufacturer and...more

Check-Out Time at the Hotel California?

We love our home state of California, but we have long bemoaned the widespread practice of what we call litigation tourism. That is where unrelated plaintiffs, sometimes thousands of them, from all corners of the U.S. join...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

Led Zeppelin is Going to California

On May 31, 2014, members of the band Led Zeppelin and its publishers were sued for copyright infringement by Randy California, the former guitarist and front man of the band Spirit. The lawsuit, filed in the State of...more

Foreign Defendant Is Dismissed For Lack Of Personal Jurisdiction

Defendant is a Finnish company with its principal place of business in Finland. It contracts with codefendant Delaware corporation to distribute its products in the United States. Defendant does not conduct direct sales in...more

Lessons in Personal Jurisdiction for BPCIA Litigants after the Supreme Court’s decision in Daimler

An emerging issue in Hatch-Waxman litigation – and potentially under the Biologics Price Competition and Innovation Act (BPCIA) – is the impact of the Supreme Court’s decision in Daimler AG v. Bauman, 134 S. Ct.746 (2014), on...more

Foreign Corporations and the Long Arm of the Law

Can foreign corporations avoid the long arm of the law? A recent order in a Massachusetts declaratory judgment patent case suggests that the answer may be, “sometimes.” The case began when Venmill Industries, Inc. filed a...more

Harsh Words for KIND Bars

Kind, LLC received a rude awakening from the FDA when it notified the popular snack-maker that it was violating numerous federal regulations by allegedly misbranding four popular products. Kind is known for its widely-popular...more

California Appellate Court Finds Railroad Company Not Subject to Jurisdiction

In BNSF Railway Company v. Superior Court (2015) 185 Cal.Rptr.3d 391, the California Court of Appeal, Second District, reversed a trial court order denying BNSF Railway Company’s motion to quash service of summons for lack of...more

Levitin v. Sony Music Entertainment - USDC, Southern District of New York, April 22, 2015

In copyright infringement action arising out of international release of song “Timber” by performing artists Pitbull and Kesha, district court dismisses claims against Sony Music Entertainment, which obtained license from...more

Novartis Pharms. Corp. v. Mylan Inc.

Case Name: Novartis Pharms. Corp. v. Mylan Inc., Civ. No. 14-777-RGA, 2015 U.S. Dist. LEXIS 31812 (D. Del. March 16, 2015) (Andrews, J.). Drug Product and Patent(s)-in-Suit: Exelon Patch (rivastigmine); U.S. Patents...more

Court Declines To Order Discovery For Foreign Proceedings

Sleet, J. Petitioner’s application for leave to take discovery pursuant to 28 U.S.C. § 1782 from respondent, a Delaware corporation, for use in foreign litigation is denied....more

Simplicity And Clarity In The Administration And Enforcement Of Jurisdictional Rules

Jurisdictional rules are intended to be simple and thereby easy to administer and enforce. See Hertz Corp. v. Friend, 559 U.S. 77, 81, 94-95 (2010) (“[W]e place primary weight upon the need for judicial administration of a...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

We’re Not in Kansas: No General Jurisdiction After Bauman

We knew that the Supreme Court’s opinion in Daimler AG v. Bauman, 134 S. Ct. 746 (2014), was a game changer the first time we read it. Gone is the concept of general personal jurisdiction that we learned in law school, where...more

Magistrate’s Report And Recommendation Regarding Personal Jurisdiction Is Adopted

Forest Laboratories, Inc. v. Amneal Pharmaceuticals LLC, C.A. No. 14-508-LPS, March 30, 2015 - Stark, C.J. Defendant’s objection to magistrate’s report is overruled and its motion to dismiss is denied....more

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