News & Analysis as of

Personal 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

Klein Moynihan Turco LLP

Favorable Pennsylvania Wiretap Decision

Frequent readers of this blog are aware of the surge in lawsuits alleging that companies illegally wiretap consumers when they utilize software which tracks consumers’ interactions on their websites. The majority of these...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

Goldberg Segalla

Holding Company’s Motion to Dismiss on Personal Jurisdiction Grounds Granted

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Court: Supreme Court of New York County (NYCAL) - In this asbestos action, defendant Burnham Holdings Inc. moved to dismiss the complaint against it on personal jurisdiction grounds. Specifically, BHI asserted that it is a...more

Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

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The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more

Seyfarth Shaw LLP

Seventh Circuit Aligns with Majority on FLSA Nationwide Collective Actions: BMS Applies

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Seyfarth Synopsis: The Seventh Circuit held that out-of-state plaintiffs must be dismissed from FLSA collective actions when the court lacks personal jurisdiction over them....more

Amundsen Davis LLC

A Year With Mallory: Revisiting The Concept of Consenting to General Personal Jurisdiction

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On June 27, 2023, Truck on highwaythe Supreme Court of the United States decided Mallory v. Norfolk Southern Railway Co., 600 U.S. 122 (2023). The divided Court upheld a Pennsylvania corporate registration statute which...more

Womble Bond Dickinson

Navigating Personal Jurisdiction in TCPA Cases: Insights from Ingram v. Money Map Press

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A recent decision issued by the United States District Court for the Northern District of California in Ingram v. Money Map Press, 23-cv-05802-CRB, 2024 U.S. Dist. LEXIS 130905 (N.D. Cal. July 24, 2024) addresses an important...more

Lewitt Hackman

Franchisee 101: Lights, Camera, Jurisdiction

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A federal district court in Texas denied an individual defendant’s motion to dismiss for lack of personal jurisdiction, finding the defendant—the owner of the company that was granted a franchise—was bound in his individual...more

Troutman Pepper

30 States Urge Ninth Circuit to Reinstate Data Privacy Lawsuit

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In an unusual move, attorneys general (AG) from 30 states and the District of Columbia filed a bipartisan amicus brief in the Ninth Circuit supporting efforts to revive a proposed class action against payment processor...more

Freiberger Haber LLP

Renewal Judgments Under CPLR 5014 in the Face of Defective Service of Process

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By Jonathan H. Freiberger Today’s article relates to renewal judgments under CPLR 5014 in the face of potentially defective service of process. This BLOG has previously addressed CPLR 5014...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Finds Personal Jurisdiction in an Amazon Product Dispute

In SnapRays, d/b/a SnapPower v. Lighting Defense Group, the Federal Circuit found that a district court could exercise personal jurisdiction over a declaratory judgment defendant based on the defendant’s sending an Amazon...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

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: May 2024

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The Texas Patent Litigation Monthly Wrap-Up for May 2024 covers three decisions addressing amendments to infringement contentions, stays while similar actions proceed, and personal jurisdiction over holding companies....more

Kohrman Jackson & Krantz LLP

Someone is Watching You: The Complexities of Personal Jurisdiction in the Digital Age

The internet, characterized by its borderless nature, has introduced significant challenges to the traditional concepts of personal jurisdiction in federal courts. This issue was recently highlighted in the First Circuit...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

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Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more

Foley & Lardner LLP

Federal Court Holds That Franchisee’s Owner Can Be Individually Bound by Franchise Agreement

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In Alamo Intermediate II Holdings, LLC. v. Birmingham Alamo Movies, the U.S. District Court for the Western District of Texas, denied franchise owner Hunter Renfroe’s motion to dismiss for lack of personal jurisdiction. The...more

Marshall Dennehey

Vetoed New York State Legislation Maintains Status Quo to Favor Out-Of-State Defendants: No Consent to Jurisdiction by...

Marshall Dennehey on

Key Points: Corporation that registers to do business in New York does not necessarily consent to general personal jurisdiction. Proposed amendment to New York Business Corporation Law § 1301(e) would have overturned that...more

McDermott Will & Emery

Prime Delivery: Amazon Program Now Offers Personal Jurisdiction to Patent Holders

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Addressing the issue of personal jurisdiction in the context of a declaratory judgment case involving a program for resolving patent infringement claims, the US Court of Appeals for the Federal Circuit concluded that a patent...more

Paul Hastings LLP

The Federal Circuit Addresses Where Participants of Amazon’s APEX Program Can Be Haled Into Court

Paul Hastings LLP on

The Federal Circuit’s decision in SnapRays, d/b/a SnapPower v. Lighting Defense Group (May 2, 2024) addresses personal jurisdiction in federal district court actions that arise out of Amazon’s Patent Evaluation Express (APEX)...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

Neal, Gerber & Eisenberg LLP

Amazon APEX Complaints Convey Personal Jurisdiction in Amazon Seller’s Forum

Most reputable online marketplaces have long offered policing programs to address counterfeiting of registered copyrights and trademarks. The copyright or trademark owner needs only to provide the marketplace with a copy of...more

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