News & Analysis as of

Personal Jurisdiction Negligent Misrepresentation

Foley & Lardner LLP

Federal District Court Offers Broad Ruling on a Franchisor and Individual Officer’s Motion to Dismiss

Foley & Lardner LLP on

A franchisee, Functional HIIT Fitness, has filed suit in U.S. District Court in the Eastern District of Michigan against a franchisor, F45 Training Incorporated, and five of its officers: Adam Gilchrist, Robert Deutsch, Marc...more

Ward and Smith, P.A.

Hemp Suits: Proactive Risk Management is Key

Ward and Smith, P.A. on

Business transactions come with the risk that litigation may arise at some point in the life of the parties' dealings. Transactions involving hemp—whether pertaining to its growth, production, or sale—are not immune. In...more

Cadwalader, Wickersham & Taft LLP

2019 Year in Review: Securitization Litigation and Regulation

There were significant developments in 2019 as courts continued to issue important decisions in this space and significant legislation impacting the residential mortgage-backed securities (“RMBS”) market came into effect.  A...more

Morris James LLP

Court of Chancery Addresses Personal Jurisdiction and Negligent Misrepresentation Claims Involving Accounting Firm KPMG

Morris James LLP on

Otto Candies LLC v. KPMG LLP, C.A. No. 2018-0435-MTZ (Del. Ch. Feb. 28, 2019) (Zurn, V.C.). This decision grants a motion to dismiss by accounting firm KPMG on jurisdictional and substantive grounds in litigation involving...more

Husch Blackwell LLP

Supreme Court Of Missouri Declines Expansion Of Specific Jurisdiction

Husch Blackwell LLP on

On November 20, 2018, the Supreme Court of Missouri overturned the exercise of personal jurisdiction by the Circuit Court of St. Louis County over PPG Industries, Inc., a Pennsylvania-based corporation. State ex rel. PPG...more

Ballard Spahr LLP

Federal Court Applies SPEECH Act to Declare Foreign Libel Injunction Unenforceable in the United States

Ballard Spahr LLP on

A federal district court in California has declared that an Australian injunction censoring an American advocacy organization—Electronic Frontier Foundation (EFF)—is repugnant to U.S. law and public policy and is, therefore,...more

Benesch

Supreme Court Tightens Personal Jurisdiction Requirements

Benesch on

Determining whether a nonresident defendant is subject to a forum state’s jurisdiction became clearer on June 19, 2017, when the United States Supreme Court announced its decision in Bristol-Myers Squibb Co. v. Superior Court...more

Patterson Belknap Webb & Tyler LLP

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

Patterson Belknap Webb & Tyler LLP

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

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