News & Analysis as of

Personal Jurisdiction

M-I Drilling Fluids UK Ltd. v. Dynamic Air LTDA

by Knobbe Martens on

Federal Circuit Summaries - Before Hughes, Reyna, Stoll. Appeal from the District of Minnesota. Summary: Specific personal jurisdiction over a foreign corporation is proper when the foreign corporation allegedly...more

Foreign Online Customer is Subject to US Personal Jurisdiction in Fraudulent Transfer Litigation

by Dechert LLP on

Is a foreign online customer of a bankrupt goods supplier subject to personal jurisdiction in the United States, when sued by a bankruptcy trustee for fraudulent transfers? Yes, says the Bankruptcy Court for the Northern...more

District Court In Washington Reverses Course On Personal Jurisdiction?

by Husch Blackwell LLP on

In recent years federal courts have clarified and narrowed the scope of personal jurisdiction as it applies to nonresident defendants, particularly in mass tort and toxic exposure cases. However, a recent decision coming out...more

Cook County Circuit Court Denies Personal Jurisdiction Motion In Asbestos Case

by Husch Blackwell LLP on

The Circuit court in Cook County, Illinois has recently clarified one of the limitations on which it applies personal jurisdiction and venue protections to Defendants in asbestos cases. In John C. Clark v. A.W. Chesterton...more

Venue Cannot Be Bootstrapped to a Defendant that Only “Works Closely” with a Resident Corporate Relative Co-Defendant

Further to our ongoing coverage of post-TC Heartland patent litigation, in a recent case in the Western District of Wisconsin, the court granted defendants’ motion to transfer for improper venue. In doing so, it rejected the...more

In Re: HTC Corporation

by Knobbe Martens on

Federal Circuit Summary - Before PROST, WALLACH, and TARANTO. On Petition for Writ of Mandamus to the U.S. District Court for the District of Delaware. Summary: The patent venue statute, 28 U.S.C. § 1400(b), does not...more

Federal Circuit Clarifies Venue Rule for Foreign Defendants Post-TC Heartland

by Foley & Lardner LLP on

The Federal Circuit today in In re HTC Corp., Misc. 2018-130 (May 5, 2018), followed the holding of the Supreme Court in Brunette Machine Works, Ltd. v. Kockum Industries, Inc., 406 U.S. 706 (1972), that venue is proper as to...more

Intellectual Property - Trademark - The World in US Courts: Spring 2018

Global Injunction Against Trademark Infringement Upheld Because Both Parties Were US Companies, Confusion in EU Would Be Felt in the US, and Defendant’s EU Trademark Had Not Yet Issued....more

Personal Jurisdiction/Forum Non Conveniens - The World in US Courts: Spring 2018

Forum Non Conveniens Not Available Where Moving Defendant Failed to Establish It Was Amenable to Process in an Alternative Forum - Arcelik A.S. v. E.I. Du Pont De Nemours and Company, United States District Court for the...more

Robo-Team Complaint Dismissed For Lack of Personal Jurisdiction

by LeClairRyan on

Last November, I blogged about Robo-Team NA, Inc. v. Endeavor Robotics, where Robo-Team alleged that a competitor (Endeavor) spread a false rumor that the Chinese government controlled Robo-Team, and used it to steal military...more

Bristol-Myers Squibb: A Dangerous Sword

by Morrison & Foerster LLP on

On June 19, 2017, the U.S. Supreme Court issued a decision that has the potential to reshape the way class actions are litigated in courts throughout the country. In Bristol-Myers Squibb Co. v. Superior Court of California,...more

Notice Anything Fishy? – Preserving Your Coverage Claims with Diligent Notice

Recently the Eleventh Circuit spent a lot of ink discussing how the marketing and sale of sashimi-grade tuna is affected when myoglobin reacts with oxygen to produce oxymyoglobin, and with carbon monoxide to form...more

DC Court Weighs Whether Bristol-Myers Squibb Applies To Class Actions In Whole Foods Case

by Carlton Fields on

The District of Columbia district court added to the growing collection of orders opining on whether and to what extent the Supreme Court’s decision in Bristol-Myers Squibb applies to class actions....more

Eastern District Of Missouri Denies Plaintiff’s Motion To Reconsider Personal Jurisdiction Ruling

by Husch Blackwell LLP on

The United States District Court for the Eastern District of Missouri recently denied an asbestos plaintiff’s motion for reconsideration of the court’s previous grant of defendants’ motion to dismiss for lack of personal...more

Personal Jurisdiction And LLCs – Does Citizenship Matter?

by Husch Blackwell LLP on

When deciding whether to remove a case when an LLC is a party it is necessary to look at the citizenship of the LLC’s members to determine whether there is diversity for subject matter jurisdiction. However, citizenship of...more

Cook County Circuit Court Denies Personal Jurisdiction Motion In Asbestos Case

by Husch Blackwell LLP on

The Circuit court in Cook County, Illinois has recently clarified one of the limitations on which it applies personal jurisdiction and venue protections to Defendants in asbestos cases. In John C. Clark v. A.W. Chesterton...more

Cede Freeze Fails To Kindle Personal Jurisdiction In Nevada

by Allen Matkins on

Many may have heard of Cede and Company, but what exactly is it and who owns it? Cede is a New York partnership, of which Depository Trust Company and The Depository Trust and Clearing Corporation are partners. The former,...more

Court Makes Motion to Dismiss in Trademark Dispute Magically Disappear

A basic tenet of litigation is that the court must have personal jurisdiction over the parties to the case. In one recent decision, an out-of-state defendant in a trademark infringement dispute could not use a motion to...more

Post-BMS: Jurisdiction over Subsidiary ? Jurisdiction over Parent

by Reed Smith on

The personal injury decisions Daimler AG v. Bauman, 571 U.S. 117 (2014), and Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017), are gifts that keep on giving. The latest development is Wilson v. Nouvag GmbH,...more

Patent Venue: The State Of The Law A Year After The Dramatic Changes Introduced By TC Heartland

For decades, it was well-established that defendants in patent cases could be sued almost anywhere they were subject to the court’s personal jurisdiction. ...more

OTA & Travel Distribution Update - Australian Competition Authorities re-think "narrow" parity; Keyword prohibitions the subject...

by Garvey Schubert Barer on

Our weekly OTA & Travel Distribution Update is below. This week’s Update features a number of familiar stories....more

Court Of Chancery Explains Expanded Jurisdiction Under Director Consent Statute

by Morris James LLP on

LVI Group Investments LLC v. NCM Group Holdings LLC, C.A. No. 12067-VCG (Del. Ch. Mar. 28, 2018) - In Hazout v. Tsang Mun Ting, 134 A.3d 274 (Del. 2016), the Delaware Supreme Court expanded the basis for personal...more

Not At Home: Reining in General Personal Jurisdiction After BNSF Railway Co. v. Tyrrell

by WilmerHale on

BNSF Railway Co. v. Tyrell redefined the contours of a court’s jurisdictional reach by effectively subjecting corporations to general personal jurisdiction only in those states where they are incorporated or have their...more

Doctrine of “Ancillary Venue” Does Not Trump TC Heartland

Further to our ongoing coverage of post-TC Heartland patent litigation, in a recent development from the Northern District of Illinois, the court granted counterclaim defendants’ motion to dismiss for improper venue. In Shure...more

ACA v. FCC Close to a Slam Dunk for TCPA Defendants

by Vedder Price on

Overview of the Ruling - On March 16, 2018, just before tip-off in the first round of the NCAA tournament, the D.C. Circuit provided the TCPA defense bar with a new playbook of sorts, in the form of a decision that will...more

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