Personal Jurisdiction

News & Analysis as of

Magistrate Recommends Denying Motion To Dismiss Based On Lack Of Personal Jurisdiction

Burke, M.J. Magistrate recommends denying defendant’s motion to dismiss for lack of personal jurisdiction in a Report and Recommendation....more

McWane, Inc. v. Lanier, C.A. No. 9488-VCP (Del. Ch. Jan. 30, 2015) (Parsons, V.C.)

In this memorandum opinion, the Court of Chancery denied defendants’ motion to dismiss or stay for lack of personal jurisdiction. The Court held that a mandatory forum selection clause in a merger agreement controlled over a...more

Skyworks’ Infringement Claims Grounded

In an order dated February 4, 2015, the Honorable George A. O’Toole, Jr. effectively ended Woburn-based Skyworks Solutions, Inc.’s effort to enforce patent rights against manufacturers of LED driver products used in...more

Director Claims That She Ne’er Consented, Court Finds Consent

Last April, I warned that October 1, 2014 would be a critical day for directors of Nevada corporations. See link below.  Now, we have a case giving proof to my warning.  Advanced Vision Solutions, Inc. v. Lehman, 2015 U.S....more

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

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

Recent Cases Are Likely to Reduce the Use of New York Courts for 'Turnover' Actions"

New York's position as a global financial center means litigants often have sought to use New York courts as a forum to enforce judgments or arbitration awards against foreign entities. In reality, the burden of enforcement...more

Nevada Supreme Court Finds No Jurisdiction In Suit By Nevada Client Against Texas Law Firm

In an opinion issued yesterday, the Nevada Supreme Court considered whether a Nevada client had made the requisite prima facie showing of personal jurisdiction over its erstwhile Texas-based law firm.  Fulbright & Jaworski...more

Recent Developments in Exercising Personal Jurisdiction in Hatch-Waxman Cases

In This Issue: - I. Traditional Use of General Jurisdiction in Hatch-Waxman Cases - II. Amenability to General Jurisdiction May Be Waning - III. Freedom from Jurisdiction Could Be An Advantage -...more

Client Alert: Michigan Insurance Company Not Subject to Personal Jurisdiction in California for Losses Suffered in Arkansas

In Greenwell v. Auto-Owners Ins. Co. (No. C074546, Filed 1/27/2015) (“Greenwell”), the California Court of Appeal, Third Appellate District, held a California resident could not establish specific personal jurisdiction over...more

Are you defending suits where you don’t belong?

The United States Supreme Court turned conventional wisdom on its head about the reach of personal jurisdiction 12 months ago in its unanimous opinion in Daimler AG v. Bauman, 134 S. Ct. 746 (2014). Personal jurisdiction...more

Locke Lord QuickStudy: Illinois Appellate Court Clarifies Dina, Holds Void Mortgages Do Not Equal Void Judgments

In JPMorgan Chase, N.A. v. Ontiveros, 2015 IL App (2d) 140145-U, the Illinois Appellate Court for the Second District recently clarified the difference between a void contract and a void judgment, thereby limiting the...more

In Need of a Tune Up: Wisconsin’s Court of Appeals Considers Personal Jurisdiction in the Internet Age

Last year, we wrote about the Seventh Circuit’s interpretation of the emerging issue of personal jurisdiction in the context of internet activity. Courts understandably have been wary of subjecting businesses to broad...more

Bayer Seeking Dismissal of Out of State Xarelto Cases

More than a dozen Xarelto cases have been filed in Philadelphia, alleging injuries and defendants’ failure to warn of risk associated with the drug. Defendants in several Xarelto lawsuits filed by out of state plaintiffs...more

When Can A Slanderous Facebook Posting Support Personal Jurisdiction?

Douglas Burdick v. The Superior Court of Orange County - Court Of Appeal, Fourth Appellate District (January 14, 2015) - This case helps clarify when an Internet posting may be sufficient to support personal...more

Pre-Litigation Correspondence Does Not Secure Personal Jurisdiction

Plaintiffs considering bringing suit in the District of Connecticut take heed: “Plaintiffs cannot vest a Connecticut court with personal jurisdiction over a person simply by hurling an accusation of patent infringement across...more

Alleged Defamatory Facebook Post by Illinois Resident Insufficient to Create Specific Personal Jurisdiction in California

In Burdick v. Superior Court (Sanderson) (No. G049107, filed 1/14/2015), the California Court of Appeal, Fourth Appellate District, held an Illinois resident was not subject to specific personal jurisdiction in California...more

Product Liability Update - January 2015

In This Issue: - First Circuit Holds Plaintiff Lacks Standing to Recover for Allegedly Defective Product Based on Risk of Future Harm From Lightning Strike Where Complaint Contained Insufficient Facts to Demonstrate...more

Hatch-Waxman Watch: Personal Jurisdiction Edition

Is the ability to obtain personal jurisdiction against an ANDA filer for a Hatch-Waxman-type litigation going to become exceedingly more difficult? In the past, jurisdiction against such a defendant was often predicated on...more

A Trademark Year in Wine and Beer: Our 2014 Holiday Buyer’s Guide to Disputed Beverages

If you are hosting or attending a party this holiday season, you probably need to pick up something to drink. This year, why not pick up a conversation starter as well? See if your local liquor store (in our neck of the...more

Contaminated Oysters in Virginia Restaurant Enough for Jurisdiction Under "Stream of Commerce" Test

Contaminated oysters served at a Roanoke restaurant were placed in the "stream of commerce" by a Connecticut seafood supplier, and thus served as the basis for the Western District of Virginia to exercise personal...more

Recent NJ Appellate Court Decision Indicative of Continuing Uncertainty Regarding Personal Jurisdiction Over Foreign Manufacturers...

The past few years have seen the United States Supreme Court issue a number of important decisions on the subject of personal jurisdiction. For example, the Court’s decisions in Daimler AG v. Bauman, 134 S. Ct. 746 (2014) and...more

Ninth Circuit Holds That "Tag Jurisdiction" Does Not Apply to Corporations - The Court's Decision Limits Personal Jurisdiction...

Following closely on the heels of the U.S. Supreme Court's landmark personal jurisdiction decision in Daimler AG v. Bauman, the U.S. Court of Appeals for the Ninth Circuit has issued a decision that further reinforces the...more

Losing The Home-Team Advantage – The Supreme Court’s Narrowing of the Doctrine of General Personal Jurisdiction and its Impact on...

A recent Supreme Court opinion in a non-patent case, Daimler AG v. Bauman, likely will have a far-reaching impact on the prevalence of patent declaratory judgment actions. In the past, an accused patent infringer often could...more

Texas Supreme Court Holds Trial Court Must Have Personal Jurisdiction Over Potential Defendants Targeted by Rule 202 Pre-suit...

Rule 202 of the Texas Rules of Civil Procedure allows a Texas trial court to authorize a pre-suit deposition to investigate a potential claim before an actual lawsuit is filed. In In re John Doe a/k/a "Trooper," No. 13-0073,...more

Editorial: For Fla. Courts, Forum Selection Clause May Not Be Enough

You represent a Brazilian corporation that is entering into a joint venture with a Colombian concern. The joint venture relates to the development of a multimillion dollar wind farm in northeastern Brazil. Originally...more

121 Results
|
View per page
Page: of 5