News & Analysis as of

Personal Jurisdiction

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2020

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

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 3, August 2020

The Editors' Note - Welcome to the third issue of Decoded, Spilman's e-newsletter focusing on technology law, including data security, privacy standards, financing technologies, and digital-based means of conducting...more

Faegre Drinker Biddle & Reath LLP

No Agency, No Personal Jurisdiction

We have previously written about decisions that dismissed TCPA claims because plaintiffs could not allege or prove facts establishing that the party making the offending calls was acting as an agent for the named defendant....more

Morris James LLP

Court Finds LLC Manager Consent Statute Authorizes Personal Jurisdiction for Tort Claims Related to the Company, Not Just Alleged...

Morris James LLP on

CLP Toxicology, Inc. v. Casla Bio Holdings LLC, C.A. 2018-0783-PRW (Del. Ch. Jun. 29, 2020) & NC18C-10-332 PRW CCLD (Del. Super. Jun. 29, 2020) - In both the corporation and LLC contexts, Delaware law employs consent...more

Patterson Belknap Webb & Tyler LLP

Judge Gardephe Adopts Judge Moses’ Recommendation Regarding Damages

On July 23, 2020, United States District Court Judge Paul G. Gardephe adopted in full the Report and Recommendation (“R&R”) of Magistrate Judge Barbara Moses. The procedural history of the case and analysis of Judge Moses’...more

Lewitt Hackman

Franchisor 101: Nothing Personal in Claims Against Hotel Franchisor

Lewitt Hackman on

A guest sued the Hampton Inn and Suites franchisee in Nashville, Tennessee and the franchisor’s parent company, Hilton Domestic Operating Co., Inc. (“Hilton”), claiming race discrimination by a hotel employee. The plaintiff...more

Morris James LLP

Chancery Dismisses Action Involving Unusual Issue of Personal Jurisdiction

Morris James LLP on

Sustainability Partners LLC, v. Jacobs, C.A. No. 2019-0742-SG (Del. Ch. June 11, 2020) - In this action involving “an unusual issue of personal jurisdiction,” plaintiff Sustainability Partners LLC (“SP” or the “Company”)...more

McDermott Will & Emery

Without Personal Jurisdiction or Causal Relationship, Wheels Come Off Misappropriation Claim

McDermott Will & Emery on

Without addressing the merits of the claim, the US Court of Appeals for the Seventh Circuit affirmed a district court’s dismissal of a trade secret misappropriation action based on lack of personal jurisdiction, finding no...more

Bradley Arant Boult Cummings LLP

Contract, Project, and Arbitration in Florida? State Has Personal Jurisdiction Over Action to Enforce Arbitration Award

On June 24, 2020, in Sayers Constr., LLC v. Timberline Constr., Inc., et al., a Florida District Court of Appeal affirmed a trial court’s denial of a contractor’s motion to dismiss. The contractor moved to dismiss for lack of...more

Wilson Elser

U.S. Supreme Court’s Upcoming Decisions Address Stream of Commerce Plus Theory – Does Plaintiff’s Accident Arise from Defendant’s...

Wilson Elser on

There are two matters currently before the U.S. Supreme Court that could potentially change the future landscape in the defense of vehicle manufacturers in product liability lawsuits here in the United States. A challenge to...more

Morrison & Foerster LLP - Social Media

Stretching The Bounds Of Personal Jurisdiction, 4th Circuit Finds Geotargeted Advertising May Subject Foreign Website Owner To...

Foreign websites that use geotargeted advertising may be subject to personal jurisdiction in the United States, even if they have no physical presence in the United States and do not specifically target their services to the...more

Eversheds Sutherland (US) LLP

Implications of US laws on collection, storage, and use of biometric information

The past few years have seen dramatic innovations in biometric technology and an accompanying exponential growth in the size of the biometrics industry, in part due to the spread of Internet of Things (IoT), artificial...more

K&L Gates LLP

Out of the Fire? The Delaware Court of Chancery Dismisses an Action for Lack of Personal Jurisdiction

K&L Gates LLP on

In Extell DV LLC v. Van A. Hemeyer and Blue Ledge Resort LLC, No. 2019-0683-SG (Del. Ch. 2020), Extell DV LLC, as majority equity-holder on behalf of three subsidiaries (respectively, the “Plaintiff” and the “Subsidiaries”...more

McGlinchey Stafford

Personal Jurisdiction: Not what you learned in law school [More with McGlinchey Ep. 4]

McGlinchey Stafford on

How is it that in 2020, we are still discussing personal jurisdiction? Wasn’t this decided in the last century? What has changed? These questions have become increasingly relevant following sea change decisions in Goodyear,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

ERISA Pension Plan Liability? 10th Circuit Rules in Favor of Foreign Parent of U.S. Subsidiary

On paper, the rule is straightforward: if a company sponsors a defined benefit pension plan or participates in a union/multiemployer pension plan in the United States, all members of that company’s controlled group of...more

Gray Reed

Texas Court Opines on Climate Lawsuits

Gray Reed on

In combined cases featuring California cities of San Francisco, Oakland and San Mateo and several California counties and public officials against Exxon Mobil Corporation, Texas’ Fort Worth Court of Appeal denied Exxon...more

White & Case LLP

Anti-enforcement injunctions: Court of Appeal protects its jurisdiction over English assets

White & Case LLP on

The Court of Appeal has granted an anti-enforcement injunction restraining a US company from taking steps to enforce a US judgment in the US courts where such enforcement exorbitantly interferes with the jurisdiction of the...more

Schnader Harrison Segal & Lewis LLP

Aviation Happenings - June 2020

The Summer 2020 edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation, including: How Long is that Life Line? Plaintiff Tests Delaware’s Savings Statute...more

Fox Rothschild LLP

Another PJ Decision: SC Employer Was Subject To PJ In Employee’s NC WFH Location. Compared To Other PJ Questions, This One Seemed...

Fox Rothschild LLP on

If you have employees that work from home (WFH), you may be subject to PJ in their location. During the last few months, the NC Supreme and Business Courts have answered some tricky PJ questions: Are pre-conflict contacts...more

Weil, Gotshal & Manges LLP

In re National Prescription Opiate Litigation: Lessons Learned from the Novel “Negotiation Class”

On September 11, 2019, Judge Dan Polster—the District Court Judge presiding over the In re National Prescription Opiate Litigation MDL in Ohio— approved a novel and untested class construct under Rule 23: a “negotiation class...more

Farrell Fritz, P.C.

New York’s Long-Arm Statute Thwarts Dismissal In International Shareholder Derivative Action

Farrell Fritz, P.C. on

Undoubtedly, unsuspecting foreign corporations may find themselves having business connections in New York and subject to the jurisdiction of New York courts....more

Winstead PC

Court Rejected A Trustee’s Objection To Personal Jurisdiction In His Individual Capacity But Affirmed The Objection In His...

Winstead PC on

In Hanschen v. Hanschen, a trustee challenged a default judgment. No. 05-19-01134-CV, 2020 Tex. App. LEXIS 4075 (Tex. App.—Dallas May 28, 2020, no pet. history). The family sued the trustee in his personal capacity and in his...more

Foley Hoag LLP

Product Liability Update - May 2020

Foley Hoag LLP on

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Morris James LLP

Applying Rare Intermediate Review of Forum Non Conveniens, the Delaware Superior Court Stays a Delaware Action to Permit Filing of...

Morris James LLP on

GXP Capital, LLC v. Argonaut Mfg. Servs., Inc., C.A. No. N18C-07-267 PRW CCLD (Del. Super. May 4, 2020) - When evaluating a forum non conveniens challenge, Delaware has a seldom used, intermediate framework of review....more

Husch Blackwell LLP

Illinois Reigns In Exercise Of Personal Jurisdiction Over Out-Of-State Defendants For Nonresidents’ Claims

Husch Blackwell LLP on

On June 4, the Illinois Supreme Court issued an opinion that further limits the exercise of personal jurisdiction over out-of-state defendants in Christy Rios et al., v. Bayer Corporation et al., and Nichole Hamby et al., v....more

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Sausalito, California 94965

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