Law School Toolbox Podcast Episode 343: Listen and Learn -- Personal Jurisdiction (Civ Pro)
Bar Exam Toolbox Podcast Episode 169: Listen and Learn -- Personal Jurisdiction (Civ Pro)
Redefining Personal Jurisdiction: SCOTUS rules on the Ford Cases [More with McGlinchey Ep. 19]
Personal Jurisdiction Part 3 – Oral Arguments in the Ford Cases [More with McGlinchey Ep. 12]
Personal Jurisdiction Part 2: The Ford Cases [More With McGlinchey Ep. 8]
Personal Jurisdiction: Not what you learned in law school [More with McGlinchey Ep. 4]
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
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
Scheming to find the most remote and inaccessible county in Texas (my vote is Yoakum but there is no paucity of candidates) in which to dish out Texas home-town justice to an out-of-state defendant? Consider Bauer and Braxton...more
The Johnny Depp-Amber Heard trial captured the world’s attention in 2022. Two years after the couple divorced, Heard described surviving domestic violence in an op-ed for The Washington Post. Although Heard never mentioned...more
In Buzzfeed, Inc. v. Hannah Anderson, C.A. No. 2022-0357-MTZ (Del. Ch. Oct. 29, 2022), the Delaware Court of Chancery held that “New Buzzfeed,” the company that emerged following Buzzfeed’s SPAC transaction and subsequent...more
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
Subject-matter jurisdiction concerns a court’s power to hear a case. Without it, a court does not have authority to decide a case. Subject matter jurisdiction is distinct from the concept of personal jurisdiction, which...more
We have previously reported on AbbVie’s first and second wave suits against Alvotech hf (Alvotech) in the Northern District of Illinois regarding an adalimumab biosimilar. In the first wave suit, on October 5, 2021 AbbVie...more
This month’s EDTX & NDTX Wrap-Up summarizes two decisions from the Eastern District of Texas that issued in late June and in July. In the first decision, Judge Schroeder addresses the scope of IPR estoppel related to system...more
GXP Capital, LLC v. Argonaut Manufacturing Services, Inc. et al., Nos. 247, 2020 and 248, 2020 (Del. May, 20, 2021) - Delaware has three standards for forum non conveniens motions. The two more commonly addressed are...more
Endowment Research Grp., LLC v. Wildcat Venture Partners, LLC, C.A. No. 2019-0627-KSJM (Del. Ch. Mar. 5, 2021) - The Court of Chancery may have subject matter jurisdiction if one or more of plaintiff’s claims are equitable...more
In affirming the dismissal of a lawsuit against Pillsbury’s client, AirAsia, the D.C. Circuit overruled its prior precedent that a company’s website could be sufficient to support general jurisdiction. A company’s internet...more
The Development: The First Department held that the New York Attorney General ("NYAG") has broad authority to investigate virtual currency companies, while narrowing the scope of jurisdictional challenges that can be made to...more
Lose a Diamond Ring – Pay the Estate - Matter of Steinman, 2020 WL 2170757 (2nd Dep’t May 6, 2020) - A Floridian borrowed an expensive diamond ring from a New Yorker, while in New York State, and subsequently lost the...more
Interpreting Bristol-Myers : Are Unnamed Members of Nationwide Class Actions ‘Parties’? If So, When? In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California (BMS), holding that a...more
The statutory mechanism for judicial enforcement of an arbitration “subpoena” – in actuality, an arbitrator’s summons to give evidence -- is simply by petition to “the United States District Court for the district for which...more
In the March edition of Predominant Issues, we reported on the first two appellate decisions (from the D.C. and Seventh Circuits) to address whether the Supreme Court’s landmark personal jurisdiction decision in Bristol-Myers...more
R.M. v. Dennis, Jackson, Martin & Fontela, P.A., 2020 U.S. Dist. LEXIS 68115 Brief Summary - Utah's federal district court granted a motion to dismiss filed by a Florida-based law firm and its associate (collectively...more
No, this post is not a tribute to David Ives. In many appellate cases, it really is all in the timing. Some appellate rules regarding timing are easy to state. The deadlines to file a notice of appeal, an opening brief,...more
Mere Potential for Future Appeal Does Not Prevent Triggering Estoppel of Inter Partes Reexamination When Party Fails to Seek Relief in the First Instance - In Virnetx Inc. v. Apple Inc., Appeal Nos. 2017-1591, -1592,...more
Consider these facts. A debtor in bankruptcy sued two parties for breach of contract. The debtor assigned its rights and interests in the cause of action to another entity. The defendants moved to dismiss the lawsuit, arguing...more
This week saw two items of note in the regulation of digital assets and both came out of the state of New York. The Return of the Empire State - A New York State Supreme Court ruled that it has personal and subject...more
GENETIC VETERINARY SCIENCES v. LABOKLIN GMBH & CO. KG - Before Wallach, Hughes, and Stoll. Appeal from the Eastern District of Virginia. Summary: (1) If a foreign entity is not subject to jurisdiction in any state’s...more
As businesses continue to face lawsuits and demand letters alleging that their websites are inaccessible to blind and deaf patrons in violation of the Americans with Disabilities Act (“ADA”), courts across the country...more
In the recent decision of Otto Candies, LLC v. KPMG, LLP, C.A. No. 2018-0435-MTZ (Del. Ch. Apr. 25, 2019), the Delaware Court of Chancery found that Rule 15(aaa) applied to a case transferred from the Superior Court when...more