News & Analysis as of

Personal Jurisdiction Jurisdiction

Marshall Dennehey

New Jersey Supreme Court Rules Out-of-State Alleged Tortfeasor Cannot Be Allocated Fault Under Comparative Negligence Act

Marshall Dennehey on

Estate of Crystal Walcott Spill v. Jacob E. Markovitz, M.D., 2025 WL 758318 - In this appeal before the New Jersey Supreme Court, the court held that an out-of-state alleged tortfeasor was not a party subject to allocation of...more

Winstead PC

Court Rules On Personal Jurisdiction In A Trust Dispute, Holding That In Rem Jurisdiction Still Requires Personal Contacts With A...

Winstead PC on

In Hooten v. Collins, a dispute arose between the trustee of a Texas trust and a beneficiary who resided overseas regarding the distribution of trust assets, which primarily consisted of real estate in Texas. No....more

Goldberg Segalla

Defendant’s Motion to Dismiss Reversed by Court of Appeals of Indiana

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Jurisdiction: Court of Appeals of Indiana - In this asbestos action, it was alleged that decedent, Ronald McBride had asbestos exposure from the use of asbestos-containing talcum powder products while living in Indiana and...more

Vedder Price

Opening Door to Universal Jurisdiction in Internet Cases, En Banc Ninth Circuit Finds Specific Personal Jurisdiction Over Shopify

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On April 21, 2025, a Ninth Circuit en banc panel revived (by a 10-1 decision) a putative class action against Shopify, Inc. alleging violations of privacy and data rights via use of cookies. In reversing both the district...more

Faegre Drinker Biddle & Reath LLP

Courts Continue to Find the Federal Trade Secrets Act Reaches Extraterritorial Conduct

Summary - Courts across the country have found that the DTSA can reach a foreign defendant’s conduct when — in the words of 18 U.S.C. § 1837(2) — “an act in furtherance” of the misappropriation was committed in the United...more

Fox Rothschild LLP

U.S. Supreme Court to Decide Whether the Palestinian Authority Can Be Sued In the United States for Terror Attacks in Israel

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The United States Supreme Court may soon decide whether U.S. victims of terrorist attacks in Israel may sue the Palestinian Authority (“PA”) and the Palestine Liberation Organization (“PLO)” for damages in U.S. courts. In...more

McGlinchey Stafford

Court Refuses to Enjoin Mass Arbitration on Personal Jurisdiction Grounds

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Companies facing the threat of mass arbitration continue to seek judicial intervention to thwart such tactics. However, most of those attempts have failed. Recently, the District Court in the District of Colombia rejected a...more

Tyson & Mendes LLP

Civil Procedure Updates to Know in New York for 2025

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In 2025, get ready for a whirlwind of updates across the state. From personal jurisdiction to discovery and beyond, some recent cases are shifting the landscape in New York. Read below to find out what happened and learn the...more

Wiley Rein LLP

Exercise of Personal Jurisdiction Over Nonresident Insurers in Delaware Violates Due Process Where Action Does Not Arise Out of...

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The Delaware Superior Court, applying Delaware law, has held that the exercise of personal jurisdiction over two nonresident insurers would violate due process where the coverage action did not arise out of, or was not...more

Miller Canfield

U.S. Courts Can Recognize a Foreign Judgment Even Without Personal Jurisdiction

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A recent federal court decision underscores a critical point for parties seeking to enforce foreign judgments in the U.S.: recognition of a foreign judgment does not require personal jurisdiction over the defendant....more

Fox Rothschild LLP

Ace is the Place for Many Things, but not Always for Proper Rule 4 Service

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Ace Hardware was long advertised as “the place with the helpful hardware man,” but even well-stocked aisles of tools and DIY accessories have their limitations. In Pro-Tops, Inc. v. Yuriy Maksimenko, 2025 NCBC 4, it turned...more

Axinn, Veltrop & Harkrider LLP

Will the Supreme Court Upend the Jurisdictional Landscape?

Many defendants with no connection to the jurisdiction in which they are sued may assert a personal jurisdiction defense to avoid defending against claims in far-flung courts. In cases brought under state law, this defense is...more

Allen Matkins

Nevada Bill Would Bestow Personal Jurisdiction On Business Entities Who Simply Register

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Earlier this month, Nevada Assemblymember Erica Roth introduced a bill, A.B. 158, to authorize Nevada courts to exercise general personal jurisdiction over entities on the sole basis that the entity...more

Cozen O'Connor

Specific Personal Jurisdiction Established Through Indirect Evidence of Targeting a Market

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In a recent decision, California’s Third Appellate Division held that a foreign automobile manufacturer could be haled into a state court in California through the indirect actions of its distributor without offending...more

Allen Matkins

Nevada Supreme Court Finds Want Of Personal Jurisdiction Over LLC Members

Allen Matkins on

In a recent post, I questioned why personal jurisdiction was unquestioned.  Personal jurisdiction is, of course, unquestionably fundamental, as evidenced by the Nevada Supreme Court's recent order in Rich v. Eighth Jud. Dist....more

Carlton Fields

Florida Appeals Court Decisions: Week of January 20-24, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Isaac Indus v. PDVSA - personal jurisdiction, foreign sovereign immunity, breach of contract - USA v. Schwarzbaum - foreign bank accounts, IRS form FBAR, penalties, Excessive...more

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

Allen Matkins

Personal Jurisdiction Matters

Allen Matkins on

I recently questioned the basis for Delaware' assertion of personal jurisdiction over controlling stockholders.  I noted that there is no "deemed consent" statute for controlling stockholders as there is for directors and...more

Maynard Nexsen

Global Coverage, Global Jurisdiction? Analyzing Efforts to Expand Personal Jurisdiction Over Insurers

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Across the United States, courts disagree about where an insurance company may be subject to personal jurisdiction. For instance, is a territory-of-coverage provision relevant to personal jurisdiction? What about registering...more

Lathrop GPM

Kansas Federal Court Finds Personal Jurisdiction Over Franchisee’s Alleged Competitive Business in Unfair Competition Case

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In a franchisor’s suit against its franchisee and that franchisee’s new business, a federal court in Kansas recently denied the new business’ motion to dismiss for lack of personal jurisdiction. HappyFeet-Legends Int’l, Inc....more

Fish & Richardson

Cybersecurity Litigation Strategies: Jurisdiction

Fish & Richardson on

This article is the second in our series on patent litigation strategies for cybersecurity companies. It expands on Tactic #1, “Challenge the court’s jurisdiction,” from our earlier article, “Five Tactics for Cybersecurity...more

EDRM - Electronic Discovery Reference Model

Service of a “Preservation Notice” in the Forum District Does Not Confer Long-Arm Jurisdiction Over the Out-of-State Sender

Plastics Industry Assoc. v. Bonta, 2024 WL 4699927 (D.D.C. Nov. 6, 2024), held in part that the defendant’s act of serving a “preservation demand” on the plaintiff in the forum district did not confer long-arm jurisdiction...more

McDermott Will & Emery

Jurisdiction “Found”: Navigating E-Commerce Boundaries in Copyright Disputes

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In a copyright case, the US Court of Appeals for the Tenth Circuit determined that the district court had jurisdiction over two Chinese companies that consented to jurisdiction in any judicial district in which a third-party...more

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

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