Bar Exam Toolbox Podcast Episode 304: Spotlight on Civil Procedure (Part 1 – Jurisdiction)
Law School Toolbox Podcast Episode 343: Listen and Learn -- Personal Jurisdiction (Civ Pro)
Bar Exam Toolbox Podcast Episode 169: Listen and Learn -- Personal Jurisdiction (Civ Pro)
Redefining Personal Jurisdiction: SCOTUS rules on the Ford Cases [More with McGlinchey Ep. 19]
Personal Jurisdiction Part 3 – Oral Arguments in the Ford Cases [More with McGlinchey Ep. 12]
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]
Welcome back to the Bar Exam Toolbox podcast! This is the first of three episodes in which we review the substantive Civil Procedure law we've covered in our "Listen and Learn" series. Today we're talking about jurisdiction,...more
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
It is not uncommon for plaintiffs based in the United States to bring claims against foreign parties in U.S. federal courts to obtain a favorable venue and avoid any bias in foreign courts in favor of local defendants. A...more
A federal court in Michigan granted a motion to dismiss claims that franchisor Bateel International, LLC had violated the Michigan Franchise Investment Law and the Texas Business Opportunity Act. Luxury Concepts, Inc. v....more
A federal court in Maryland granted a foreign hotel franchisee’s motion to dismiss for lack of personal jurisdiction but denied a forum non conveniens motion in a personal injury case naming both franchisor and franchisee as...more
Addressing personal jurisdiction and forum non conveniens in a software licensing dispute, the US Court of Appeals for the Fourth Circuit upheld a district court’s exercise of personal jurisdiction over a Dutch entity and the...more
When a debtor files for bankruptcy, it’s axiomatic that all creditors, wherever located, must immediately cease their efforts to collect on debts owed to them by that debtor, right? Not necessarily so, says the United States...more
This week, the Ninth Circuit digs into a personal jurisdiction case involving a Vietnamese music company. LANG VAN, INC. v. VNG CORPORATION - The Court holds that exercising personal jurisdiction over a Vietnamese...more
Last week, the Federal Circuit issued a decision holding that parties can contractually bargain away their rights to file petitions for Inter Partes Review (“IPR”) at the Patent Trial and Appeals Board (“the Board”). This...more
On November 10, 2021, a Commercial Division Court issued a decision on a motion to dismiss the claims brought by Wilmington Trust Company (“WTC”) against a wide range of parties that WTC alleged to be alter egos of an...more
GXP Capital, LLC v. Argonaut Manufacturing Services, Inc. et al., Nos. 247, 2020 and 248, 2020 (Del. May, 20, 2021) - Delaware has three standards for forum non conveniens motions. The two more commonly addressed are...more
The Supreme Court’s latest foray into personal jurisdiction – Ford Motor Co. v. Montana Eighth Judicial District Court – seems to raise more questions than answers regarding the contours of specific jurisdiction. A curious...more
Focus Fin. Partners, LLC v. Holsopple, C.A. No. 2020-0188-JTL (Del. Ch. Nov. 2, 2020) - Defendant moved on forum non conveniens grounds to dismiss an action brought by a recent hire’s former employer to enforce various...more
Massachusetts federal and state courts issued a number of important product liability decisions in 2020. These involved a number of rulings on issues surrounding personal jurisdiction. The Product Liability practice group at...more
This week, the Ninth Circuit explains when courts have personal jurisdiction over foreigners who contract with U.S.-based businesses, and whether severe pain can qualify as a disability under the Longshore and Harbor Workers’...more
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
Personal Jurisdiction Based on Knowledge of Texas Port of Call and Lack of Objection Even Where Ship Operator Had No Other Texas Contacts or Control Over Destination Carmona v. LEO Ship Management, Inc., US Court of Appeals...more
Intellectual Property – Copyright - Copyright Act Does Not Apply to Proposed Sale of Allegedly Unlawful Copy of Sculpture to US Buyer Because All Relevant Conduct Occurred Outside the US and No Infringing “Predicate Act”...more
No Personal Jurisdiction Over French Manufacturer of Allegedly Defective Component Incorporated into Product Sold by Different Manufacturer....more
Taiwanese Manufacturer of Smartphones Subject to Personal Jurisdiction in Texas in Patent Infringement Case Because of its Allegedly Purposeful Efforts to Serve the US Market Even Though all US Distribution was Orchestrated...more
Associaçio Brasileira de Medicina de Grupo, DBA Abramge v. Stryker Corp., US Court of Appeals for the Sixth Circuit, May 31, 2018 - An association of Brazilian health insurance providers sued Stryker, a Michigan...more
This is Part 1 of a seven-part series of posts looking at some broad legal issues affecting crypto-currencies. DLT vs Territorial Law. Fiat currencies have declared value stemming from governmental regulation. ...more
In Bushansky v. Soon-Shiong, 2018 Cal. App. LEXIS 493 (Cal. App. May 25, 2018), the California Court of Appeal, Fourth Appellate District, affirmed the dismissal of a shareholder derivative action brought in the Superior...more
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
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