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Personal Jurisdiction Motion to Dismiss

Troutman Pepper

Colorado Federal Court Grants Motions to Dismiss in Cryptocurrency Theft Case Citing Lack of Personal Jurisdiction

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In a recent ruling, the District of Colorado granted several motions to dismiss filed by the developers and owners of cryptocurrency application Atomic Wallet, citing a lack of personal jurisdiction. This decision effectively...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

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

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

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

Goldberg Segalla

Appellate Division Reverses Denial of Door Manufacturer’s Motion to Dismiss

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Supreme Court of New York, Appellate Division, First Department - In July 2023, the trial court denied a door manufacturer’s motion to dismiss. Upon appeal, the Supreme Court, Appellate Division, First Department found...more

Goldberg Segalla

Gasket Manufacturer’s Motion to Dismiss on Personal Jurisdiction Granted

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Court: United States District Court for the District of Massachusetts - Plaintiffs Robert and Judith Gillis of Massachusetts filed this action against numerous defendants in Massachusetts state court, alleging the defendants...more

Goldberg Segalla

Glove Manufacturer’s Renewed Motion to Dismiss Based Upon Lack of Personal Jurisdiction Denied

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Court: Supreme Court of New York, New York County - Defendant Steel Grip Inc. (SGI) filed a renewed motion to dismiss following the completion of jurisdictional discovery on the basis that it lacked any connection to the...more

Foley & Lardner LLP

Federal District Court Offers Broad Ruling on a Franchisor and Individual Officer’s Motion to Dismiss

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A franchisee, Functional HIIT Fitness, has filed suit in U.S. District Court in the Eastern District of Michigan against a franchisor, F45 Training Incorporated, and five of its officers: Adam Gilchrist, Robert Deutsch, Marc...more

McDermott Will & Emery

A Textbook Example: Single Online Sale Does Not a Minimum Contact Make

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The US Court of Appeals for the Eighth Circuit affirmed a district court’s grant of a motion to dismiss for lack of personal jurisdiction, finding that a single online sale did not establish minimum contacts to support...more

Goldberg Segalla

Door Manufacturer’s Motion to Dismiss Denied

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Court: Supreme Court of New York, New York County In this asbestos action, defendant T.M. Cobb moved to dismiss plaintiff James Witte’s complaint against them for lack of personal jurisdiction. T.M. Cobb argued that it did...more

Goldberg Segalla

Product Manufacturer and Supplier’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

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Court: Superior Court of California, County of Los Angeles - In this asbestos action, plaintiffs James Manns, David Papworth, Carie Edwards, Shauna Papworth, Jami Hoffman, and Robee Green filed this action alleging Debra...more

Lathrop GPM

Michigan Federal Court Grants Motion to Dismiss for Lack of Personal Jurisdiction and Forum Non Conveniens

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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

Goldberg Segalla

Denial of Talc Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction Reversed on Appeal

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Court of Appeal of Florida, Fourth District - The plaintiffs, John and Joanne Fleemin, filed the instant products liability lawsuit against numerous defendants, including Lornamead, Inc., a Delaware corporation with its...more

Lathrop GPM

Maryland Federal Court Denies Motion to Dismiss for Forum Non Conveniens but Grant’s Franchisee’s Motion to Dismiss for Personal...

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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

Goldberg Segalla

Plaintiffs Allowed Additional Discovery to Establish Personal Jurisdiction over Hydraulic-Pump Defendant

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Court: United States District Court for the Eastern District of North Carolina, Western Division - Plaintiffs William Weaver and Judy Weaver filed suit, claiming that William Weaver was exposed to the defendants’...more

Nelson Mullins Riley & Scarborough LLP

The Not-So-Automatic Stay for Foreign Assets and Creditors

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

Morris James LLP

Chancery Holds That Controlling Stockholder Approving Exclusive Forum Selection Clause In Charter Amendment Impliedly Consented To...

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In Re Carvana Co. S’holders Litig., C.A. No. 2020-0415-KSJM (Del. Ch. Aug. 31, 2022) - In Delaware, parties may waive the requirement of personal jurisdiction either expressly or impliedly....more

Goldberg Segalla

PPE Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

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Supreme Court of New York, Appellate Division, First Department, November 2, 2022 - In this asbestos action, Steel Grip Inc., a personal protective equipment manufacturer, was sued along with other defendants for decedent...more

Goldberg Segalla

Brake Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

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Superior Court of California, County of Los Angeles, October 6, 2022 - In this asbestos action, Plaintiff George Sweikart alleged that his mesothelioma resulted from exposure to asbestos-containing products, including...more

AEON Law

Patent Poetry: A T-Shirt and Shorts: A Trademark Tale

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Where can you sue for trademark infringement? Two recent cases involving leisure wear show that it depends on which Circuit you’re in. The first case is Brothers and Sisters in Christ, LLC v. Zazzle, Inc....more

Snell & Wilmer

Eighth Circuit Affirms Dismissal of “Love Happens” Trademark Infringement Suit for Lack of Personal Jurisdiction

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The Eighth Circuit recently upheld dismissal of Brothers and Sisters in Christ, LLC’s (“BASIC”) lawsuit against online marketplace Zazzle, affirming that “the bare-bones nature of BASIC’s allegations,” including Zazzle’s sale...more

Goldberg Segalla

Automotive Defendant Obtains Dismissal for Lack of Jurisdiction

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United States District Court for the Southern District of Illinois, July 21, 2022 - In this asbestos action, defendant Honeywell International Inc., f/k/a Allied Signal Inc. as successor-in-interest to The Bendix...more

Cozen O'Connor

Federal Circuit Signals Patentees Entitled to Jurisdictional Discovery Before Ruling on Motion to Dismiss

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On Monday, June 13, 2022, the Federal Circuit issued an opinion in Univ. of Mass. v. L’Oréal S.A. that signals a new trend in allowing a patentee the benefit of jurisdictional discovery prior to ruling on a foreign...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: PJ

This week, the Ninth Circuit clarifies personal jurisdiction doctrine in the context of a defamation suit between a nonresident plaintiff and out-of-state defendants. BURRI LAW PA v. SKURLA - The Court vacates the...more

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