Personal Jurisdiction

News & Analysis as of

Commercial Division Dismisses Claim Against Major Chinese Securities Firm Due to Lack of Personal Jurisdiction

In Lantau Holdings, Ltd. v. Orient Equal International Grp., No. 653920/2016, 2017 BL 77469 (Sup. Ct. Mar. 6, 2017), Judge Anil C. Singh of the New York County Commercial Division dismissed several claims by the plaintiff,...more

Chinese Website Operator Dismissed from Copyright Infringement Suit in United States

D.C. District Court lacks personal jurisdiction over Chinese video hosting website, providing guidance for analyzing jurisdiction over foreign internet companies. US law governing whether a court has personal...more

Solicitor General Urges Supreme Court to Reverse California’s Ill-Conceived Version of “Specific Jurisdiction”

The Defendant/Petitioner has filed its merits brief in the U.S. Supreme Court in BMS v. Superior Court. This is the case where the California Supreme Court expanded specific personal jurisdiction beyond recognition by basing...more

Aviation Happenings - Spring 2017

The Spring 2017 edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation law, including: - Air Carrier Not Responsible for Rancid Cheese Under Montreal...more

Will the Supreme Court Reform Patent Venue Law in TC Heartland v. Kraft?

Q: Why is the technology industry following TC Heartland v. Kraft so closely? Paul Cronin: The Supreme Court recently agreed to take up TC Heartland, a case that will address the issue of where patent infringement...more

Supreme Court Reversal of TC Heartland May Place Focus on "Regular and Established Place of Business" for Proper Venue

Action Item: In which jurisdictions can you expect patent venue to be proper if the Supreme Court reverses Federal Circuit in TC Heartland, and holds that the broad definition of corporate residence in the general venue...more

Section 337 Actions at the ITC: another forum for pharma and biosimilars litigation?

With the growing volume of biosimilar and pharma litigation in district courts and before the PTAB, the U.S. International Trade Commission may emerge as another forum for patent holders against imported biosimilars. Section...more

Aviation Happenings - Winter 2016-2017

Part 1 of 2 of the winter edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation law, including: - Court Dismisses State Law Negligence Claim Against...more

Compliance Rules for Out-of-State Garnishments

A frequent bone of contention for employees/debtors has to do with the implementation of out-of-state garnishments. The employee often threatens to sue the employer claiming that an out-of-state garnishment is not valid...more

AMP Medical with $450.00 in Connecticut Sales Subject to Personal Jurisdiction in Trademark Lawsuit

A recent case from the District of Connecticut provides important insight into personal jurisdiction analysis, and serves as a reminder that sometimes even modest connections to a state can render a company subject to suit in...more

Missouri Supreme Court Tightens the Reins on Personal Jurisdiction

State ex rel. Norfolk Southern Railway Company v. The Honorable Colleen Dolan, 2017 WL 770977, No. SC95514 (February 28, 2017) - In a recent opinion, the Missouri Supreme Court continued the U.S. Supreme Court’s trend...more

The law of personal jurisdiction: A game changer for foreign banks involved in litigation in the U.S.

Hogan Lovells partner Marc Gottridge is the co-head of our global financial services litigation practice. He represents some of the world's leading banks in major class actions, investigations, and commercial litigation in...more

More on Missouri – What To Expect and Not To Expect After Dolan

This is a follow-up to our post last week on the Missouri Supreme Court’s momentous personal jurisdiction decision in State ex rel. Norfolk Southern Railway Co. v. Dolan, ___ S.W.3d ___, 2017 WL 770977 (Mo. Feb. 28, 2017)...more

Missouri Supreme Court Decision Will Impact Toxic and Mass Tort Cases

In a decision handed down Tuesday, February 28, the Missouri Supreme Court limited circumstances in which out-of-state corporate defendants will be subject to personal jurisdiction, rejecting two novel theories of specific...more

Missouri Supreme Court Significantly Limits Personal Jurisdiction in Nation's "Number One Judicial Hellhole"

On February 28, 2017, the Missouri Supreme Court issued an opinion significantly limiting the state’s personal jurisdiction over corporations. This limitation on statewide jurisdiction includes the courts of the City of St....more

JSH Attorneys Prevailed By Motion To Dismiss In Professional Negligence Matter

On behalf of their clients, Dr. Michael Bauer and Dr. Denis Furr, Jeremy Johnson, Heather Bushor and Justin Ackerman of Jones, Skelton & Hochuli, prevailed on two motions to dismiss in a multi-million dollar professional...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

Federal Circuit Expands Personal Jurisdiction in Declaratory Judgment Suits

In Xilinx Inc. v. Papst Licensing GmbH & Co. KG, Appeal No. 2015-1919 (Fed. Cir. Feb. 15, 2017), the Federal Circuit applied the usual test for in personam jurisdiction, in an apparently new way, to reverse dismissal of a...more

NPE’s Warning Letters, In-Person Meeting with Accused Infringer, and Prior Lawsuits Are Sufficient To Establish Person...

In a recent case applying the constitutional limits of personal jurisdiction in a declaratory judgment action filed by an accused patent infringement against a foreign non-practicing entity, the U.S. Court of Appeals for the...more

Xilinx, Inc. v. Papst Licensing GmbH & Co. KG (Fed. Cir. 2017)

Personal Jurisdiction Exists Due to Warning Letters and Prior Litigations in Forum - Establishing personal jurisdiction in the United States over a company operating in a foreign country can be difficult. How does a...more

Three Point Shot - February 2017

Ski Manufacturer Chills Bode Miller's Comeback - World champion skier and six-time Olympic medalist Samuel "Bode" Miller had his eye on coming out of retirement for the 2016-17 season before a contract dispute with his...more

Judge Neil Gorsuch, the Supreme Court and Product Liability Litigation

What does the nomination of Judge Neil Gorsuch for the U.S. Supreme Court mean for product liability litigation? Judge Gorsuch may be similar enough to the late Justice Antonin Scalia as to first principles that near-term...more

Court Of Chancery Explains Limitation On Fiduciary Duty Claims

This decision explains how a provision in an LLC agreement waiving fiduciary duties is to be applied in the context of conflicted transactions. It is a good summary of Delaware law on that issue. ...more

TC Heartland v. Kraft: Awaiting a 2017 Supreme Court Decision with Potentially Significant Implications for Patent Litigation

Patent litigation continues to be concentrated in a small number of venues. Of the 4530 patent cases filed in 2016, for example, patentees chose the Eastern District of Texas more than one third of the time (1661 cases). In...more

U.S. District Court Finds Personal Jurisdiction In Derivative Suit

I think it is beyond peradventure that a state enjoys personal jurisdiction over corporations incorporated within that state. What about the personal jurisdiction over the corporation’s directors and officers? That was the...more

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