News & Analysis as of

Personal Jurisdiction Jurisdiction

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

WilmerHale

D.C. Circuit Resolves District Court Split on the Enforcement of Intra-EU Investment-Treaty Awards in the United States

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In a highly anticipated ruling published last month, the U.S. Court of Appeals for the D.C. Circuit ruled in NextEra Energy v. Spain that U.S. district courts have jurisdiction to enforce arbitral awards issued in intra-EU...more

BakerHostetler

Seventh Circuit Decision Marks Win for Employers in FLSA Nationwide Collective Actions

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The U.S. Court of Appeals for the Seventh Circuit has delivered a significant win for employers by ruling that the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of California applies to Fair...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Joins Third, Sixth, and Eighth Circuits in Limiting Exercise of Personal Jurisdiction in FLSA Collective Actions

On August 16, 2024, the Seventh Circuit Court of Appeals weighed in on whether out-of-state plaintiffs must satisfy personal jurisdiction requirements to participate in a collective action under the Fair Labor Standards Act...more

Husch Blackwell LLP

Establishing General Personal Jurisdiction for an LLC

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To exercise valid jurisdiction over any claim, a federal court must have both personal jurisdiction and subject matter jurisdiction. Subject matter jurisdiction can be based on diversity of citizenship, the presence of a...more

WilmerHale

Federal Circuit Patent Watch: Printed Matter Doctrine Applies to Communicative Content, Not All Communications

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Precedential and Key Federal Circuit Opinions - 1.  IOENGINE, LLC V. VIDAL (21-1227 Lourie, Chen, Stoll) - Chen, J.  The Court reversed in part and affirmed in part the Final Written Decisions of the Patent Trial and...more

Lathrop GPM

Texas Federal Court Determines Forum Selection Clause Provides Personal Jurisdiction Over Franchisee Co-Owner Despite Not Signing...

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A federal court in Texas has denied an individual owner’s motion to dismiss for lack of personal jurisdiction despite the fact that he had not signed the relevant franchise agreement or corporate guaranty in his individual...more

Snell & Wilmer

Supreme Court Asked to Clarify Activities that Give Rise to Specific Personal Jurisdiction

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In Impossible X LLC v. Impossible Foods Inc., Impossible Foods recently filed an opposition to Impossible X’s petition for certiorari, which asks the Supreme Court to decide (1) whether some disputes should require so-called...more

Lathrop GPM

Minnesota Federal Court Enforces Noncompete Covenant Against Manufacturer’s Former Employees, but Finds No Jurisdiction over...

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A federal court in Minnesota recently granted Toro’s motion for a preliminary injunction against two former employees, while dismissing their new employer, a Canadian manufacturer, for lack of personal jurisdiction. The Toro...more

Shook, Hardy & Bacon L.L.P.

Pace v. Cirrus Design Corp.: The Fifth Circuit Provides Insight Into Application of Recent SCOTUS Opinions

The Fifth Circuit recently clarified the applicability of the pleading standard in assessing fraudulent joinder and applied two major Supreme Court personal jurisdiction decisions in new contexts. Glen Pace, a Mississippi...more

Saiber LLC

The Saiber Construction Law Column: December 2023

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Courts may only hear and decide cases when they have been granted authority over particular matters and when they have personal jurisdiction over the parties to the matter. The U.S. Supreme Court has held that courts may...more

Goldberg Segalla

NYCAL Judge Finds Jurisdiction Over Automotive Defendant and Denies Summary Judgment

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Court: Supreme Court of New York, New York County - In this asbestos action, defendant Western Auto moved to dismiss for lack of personal jurisdiction and for summary judgment. Plaintiff Winfield Frederick opposed both...more

Irwin IP LLP

Separate Companies?  I Think Not – Personal Jurisdiction and the Alter Ego Theory

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In a motion to dismiss before the Central District of California, District Judge Garnett made clear that personal jurisdiction stands for the foreign affiliate when the foreign affiliate is merely an “alter ego” of their...more

Butler Snow LLP

Consent to Jurisdiction by Registration: What Multi-State Businesses Need to Know

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Registered to do business in one state? This alone may subject a business to suit in that state, even if the business is headquartered in and operates its principal place of business in another state, and even if the conduct...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Personal Jurisdiction and Equal Protection

This week, the Court considers when a contractual relationship can establish a defendant’s purposeful availment of a forum state and addresses an equal protection challenge to a shelter-in-place order. ...more

Freiberger Haber LLP

Conspiracy Theory Jurisdiction. Who Knew?

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Section 3211(a)(8) of the Civil Practice Law and Rule (“CPLR”) allows a party to “move for judgment dismissing one or more causes of action asserted against him on the ground that … the court has not jurisdiction of the...more

Goldberg Segalla

Denial of Talc Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction Reversed on Appeal

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Court of Appeal of Florida, Fourth District - The plaintiffs, John and Joanne Fleemin, filed the instant products liability lawsuit against numerous defendants, including Lornamead, Inc., a Delaware corporation with its...more

Sheppard Mullin Richter & Hampton LLP

New York’s Long-Arm Jurisdiction Extends its Reach

The scope of New York’s long arm jurisdiction may be broader than you anticipate. In State of New York v. Vayu, 2023 N.Y. Slip Op. 801, 2023 WL 1973001 (February 14, 2023), the New York Court of Appeals, in a 5-1 decision,...more

Dechert LLP

"Tag, You’re It": U.S. Supreme Court Denies Certiorari on Corporate Tag Jurisdiction Appeal

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The Supreme Court recently denied certiorari in a case that presented the issue of whether corporate “tag” jurisdiction, which arises from serving a corporate executive temporarily present in the relevant territory (say, the...more

Fox Rothschild LLP

Your Place or Mine?

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Jurisdiction is a foundation of what we do as trial and appellate practitioners. While a litigant can waive lack of personal jurisdiction, lack of subject matter jurisdiction is death for a case. In its opinions issued...more

Sheppard Mullin Richter & Hampton LLP

New York Courts Continue to Assert Personal Jurisdiction over Foreign Banks

On January 13, 2023, the New York State Commercial Division issued a decision in Bangladesh Bank v. Rizal Commercial Banking Corp., et al., Index No. 652051/2020, that continued New York courts’ tendency to assert personal...more

Goldberg Segalla

Plaintiffs Allowed Additional Discovery to Establish Personal Jurisdiction over Hydraulic-Pump Defendant

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Court: United States District Court for the Eastern District of North Carolina, Western Division - Plaintiffs William Weaver and Judy Weaver filed suit, claiming that William Weaver was exposed to the defendants’...more

Goldberg Segalla

Brake Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

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Superior Court of California, County of Los Angeles, October 6, 2022 - In this asbestos action, Plaintiff George Sweikart alleged that his mesothelioma resulted from exposure to asbestos-containing products, including...more

Fox Rothschild LLP

Vodka Maker’s Hopes for Partnership with Duke University Land Something it Didn’t Seek: a Defendant’s Chair in a North Carolina...

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A business plan to promote vodka sales in North Carolina, with a particular focus on Duke University sports fans, was key to a North Carolina Business Court decision that GameDay Vodka had sufficient contacts with the state...more

Zuckerman Spaeder LLP

Supreme Court Poised to Resolve Personal Jurisdiction-by-Consent Issue

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The Supreme Court is scheduled to hear argument on November 8 in Mallory v. Norfolk Southern Railway Co., 21-1168, and it appears ready to resolve a longstanding issue that has divided lower courts. That issue is whether it...more

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