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]
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
Under current United States Supreme Court precedent, for a court to exercise personal jurisdiction over a manufacturer like Ford, the plaintiff must demonstrate that the court has either general or specific jurisdiction....more
In the second installment of our “More with McGlinchey” series on personal jurisdiction, Rasch Brown, Gary Hebert, and Brian LeCompte (New Orleans) discuss the potentially groundbreaking Ford cases pending before the U.S....more
On January 21, 2020, the Court of Appeals of Texas dismissed for lack of personal jurisdiction a putative class action against a chemical products manufacturer (the “Company”), certain of its officers and directors, and...more
Can an email be directed to a particular state? No, said a Texas court in Enerquest Oil & Gas, LLC v. Antero Resources Corporation. The court questioned “the very premise of the contention that an email can be sent to a...more
I. Why It Matters - Until recently, personal jurisdiction over corporate defendants had been expanding significantly in scope through the reliance on tenuous corporate contacts or business conducted by a defendant in a...more
A Complaint Identifying Infringing Products and the Patents Allegedly Infringed, Accompanied by Statements that the Products Meet All Elements of at Least One Claim of the Asserted Patents, May be Sufficient to Meet the...more
In 2017, the Supreme Court rejected the Federal Circuit’s longstanding interpretation of Personal Jurisdiction and Venue in patent infringement actions against domestic companies. 28 U.S.C. §§ 1391, 1400; see TC Heartland LLC...more
For the second time in the last three years, the U.S. Supreme Court has addressed the constitutional limits of a court’s ability to exercise jurisdiction over a defendant. The 14th Amendment limits the personal jurisdiction...more
As its term drew to a close, the Supreme Court handed down its latest decision on personal jurisdiction in a case entitled Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty. Over the last six years, the...more
On May 30, 2017, the United States Supreme Court issued an opinion in the case of BNSF Railway Co. v. Tyrrell. Among other things, the case analyzed and reaffirmed the grounds for a company to be sued other than in its home...more
It seems like it happens every spring: Once again, the U.S. Supreme Court has reversed a state court’s expansive view of personal jurisdiction. In BNSF Railway Co. v. Tyrrell, the Supreme Court reversed the Montana Supreme...more
On May 30, 2017, the U.S. Supreme Court handed down yet another personal jurisdiction opinion emphasizing clear rules as to when out-of-state defendants may be haled into court. While the decision in BNSF Railway Co. v....more
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
Addressing personal jurisdiction over a foreign defendant, the US Court of Appeals for the Federal Circuit found that concerted actions occurring in a foreign jurisdiction but directed at Delaware were sufficient minimum...more