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Due Process › Fourteenth Amendment › Motion to Dismiss

White and Williams LLP

Let’s Get Specific: Rhode Island Court Asserts Jurisdiction Over Out-of-State Manufacturer

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The court granted the third-party defendant’s first motion to dismiss for lack of general jurisdiction but permitted the parties to conduct jurisdictional discovery. After the close of jurisdictional discovery, the...more

Butler Snow LLP

Personal Jurisdiction Lessons Learned . . . Forgotten . . . and Remembered

Butler Snow LLP on

As lawyers, we learn early on about the necessity that a court must have personal jurisdiction over a defendant in order to enter a valid, enforceable judgment. Recently, the Tennessee Court of Appeals, in Corporate Flight...more

Ballard Spahr LLP

PA Federal Court Nixes Out-of-State Business Entities' Supposed “Consent” to General Personal Jurisdiction as Unconstitutional

Ballard Spahr LLP on

In a decision that should have a ripple effect in Pennsylvania state and federal courts, the U.S. District Court for the Eastern District of Pennsylvania held in a June 6, 2019, opinion that “the Pennsylvania statutory scheme...more

Carlton Fields

A Treat For Plaintiffs’ Lawyers: Middle District of Florida Finds Bristol-Myers Squibb Inapplicable to Class Actions

Carlton Fields on

As we previously reported, courts continue to sift through the unsettled law left in the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb v. Superior Court of California. ...more

Akin Gump Strauss Hauer & Feld LLP

Lawsuit Claiming Gender Bias in Title IX Investigation Allowed to Go Forward

Akin Gump Strauss Hauer & Feld LLP on

• A federal court in Ohio has held that published writings of a university Title IX administrator provide sufficient evidence of bias to permit a civil suit by a penalized student to go forward. • Denial of equitable...more

Ballard Spahr LLP

Nev. Supreme Court Holds HOA Foreclosure Statute Constitutional, Splits with Ninth Circuit

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The Nevada Supreme Court has upheld the constitutionality of Nevada's pre-2015 statutory scheme for homeowners association (HOA) foreclosures. This decision contradicts the Ninth Circuit Court of Appeals' conclusion that the...more

Tucker Arensberg, P.C.

The Third Circuit Court Of Appeals Denies Teacher Qualified Immunity Under The “State-Created Danger” Theory Where The Teacher...

Tucker Arensberg, P.C. on

L.R. v. School Dist. of Philadelphia et. al. No. 14-4640 (3rd. Cir. Sept. 6, 2016). The Third Circuit Court of Appeals affirmed an Order from the U.S. District Court for the Eastern District of Pennsylvania denying...more

McDonnell Boehnen Hulbert & Berghoff LLP

Invitae Files Motion to Dismiss for Lack of Personal Jurisdiction in Myriad Genetics v. Invitae Corp.

McDonnell Boehnen Hulbert & Berghoff LLP on

It is often to a patentee plaintiff's strategic advantage to file suit in the district in which it resides, to obtain whatever "home court" advantage may attach to that venue. Myriad's choice of filing its post-Supreme Court...more

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