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Appeals Due Process Personal Jurisdiction

Jenner & Block

Client Alert: US Supreme Court Opens the Door to More Flexible Personal Jurisdiction Test for Foreign Defendants

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The longstanding view of most courts of appeals has been that federal and state courts are bound by the same constitutional standards for the exercise of personal jurisdiction, each requiring the plaintiff to show that the...more

Seyfarth Shaw LLP

Where It’s Filed Really Matters: Jurisdictional Limits in Wage and Hour Litigation

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The Ninth Circuit’s decision in Harrington v. Cracker Barrel underscores the growing importance of personal jurisdiction in limiting the scope of FLSA collective actions. The court held that employees with no connection to...more

Carlton Fields

Florida Appeals Court Decisions Week of June 9 - 13, 2025

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U.S. Eleventh Circuit Court of Appeals - Scott v. Miami - probable cause - USA v. Ferretiz-Hernandez - immigration, reentry prohibition, constitutionality - Jekyll Island v. Polygroup Macau - personal jurisdiction,...more

Venable LLP

Supreme Court Confirms Jurisdictional Requirement for Foreign Sovereigns

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To resolve longstanding confusion over the scope of foreign countries' sovereign immunity in U.S. courts, Congress in 1976 passed the Foreign Sovereign Immunity Act ("FSIA"). The FSIA draws a bright line: "foreign states and...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

Constangy, Brooks, Smith & Prophete, LLP

You asked for it, Kathy Griffin.

Ex-CEO's lawsuit against the comedian/activist will proceed. Who ever thought personal jurisdiction could be interesting? In April 2021, the CEO of a telehealth company was eating dinner with his wife at a hotel in a suburb...more

Carlton Fields

Personal Jurisdiction in Today’s Commercial World: It Doesn’t Take Much to be Conducting a Business Venture

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Florida’s Second District Court of Appeal recently issued an interesting and important decision on personal jurisdiction in today’s commercial world. Kapila v. RJPT, Ltd., Case No. 2D22-837 (Fla. 2d DCA Feb. 17, 2023)....more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Shrinks Venue Loophole for Foreign Defendants

On January 9, in In re: Stingray IP Solutions, LLC, the Federal Circuit vacated a transfer order issued by the Eastern District of Texas, thereby limiting a foreign defendant’s ability to negate venue in one court simply by...more

McDermott Will & Schulte

Single T-Shirt Sale Can’t Clothe Bare-Bones Personal Jurisdiction Claim

The US Court of Appeals for the Eighth Circuit affirmed a district court’s dismissal of a trademark infringement suit for lack of personal jurisdiction, finding that the trademark owner failed to allege that the alleged...more

Venable LLP

Personal Jurisdiction and the Calder Effects Test: Ninth Circuit Sides with Florida Plaintiff in Defamation Suit Against Bishops

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On June 3, 2022, the Ninth Circuit Court of Appeals held that an Arizona district court erred in dismissing a defamation suit for lack of personal jurisdiction. The suit was brought by an attorney against three Catholic...more

Faegre Drinker Biddle & Reath LLP

Passengers on Litigation Tourism Train Get Review from Supreme Court

The United States Supreme Court will soon consider whether the due process clause of the Fourteenth Amendment prohibits a state from requiring that a corporation consent to personal jurisdiction in order to conduct business...more

Fisher Phillips

Federal Appeals Courts Add to Employers’ Confusion by Disagreeing on Whether to Dismiss Out-of-State Plaintiffs in FLSA Collective...

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Over the past several years, many federal courts have weighed in on whether a key Supreme Court decision requires them to dismiss non-resident opt-in plaintiffs in federal wage and hour collective actions, and there is now...more

Jones Day

New York Court of Appeals Rejects Consent-By-Registration Rule for Personal Jurisdiction

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Over the last decade, the U.S. Supreme Court has significantly restricted when courts can assert general personal jurisdiction over defendants, i.e., jurisdiction in lawsuits that do not arise out of or relate to the...more

Dorsey & Whitney LLP

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

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In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more

McDermott Will & Schulte

Foreign Company's Purposeful US Activities Blemishes Lack of Personal Jurisdiction Defense

The US Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of a complaint, finding that the foreign defendant was subject to specific personal jurisdiction in the United States in light of the...more

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

Sixth Circuit Limits Exercise of Personal Jurisdiction in FLSA Collective Actions

On August 17, 2021, the Sixth Circuit Court of Appeals became the first federal appellate court to expressly rule on the application of the Supreme Court of the United States’ decision in Bristol-Myers Squibb Co. v. Superior...more

White and Williams LLP

Idaho Supreme Court Tells Wine Bottle Manufacturer to Stop Whining Over Personal Jurisdiction

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In Griffin v. Ste. Michelle Wine Estates Ltd., No. 47703, 2021 Ida. LEXIS 127, the Supreme Court of Idaho considered whether an Italian wine bottle manufacturer’s contacts with Idaho were sufficient under the Due Process...more

Harris Beach Murtha PLLC

State Appellate Court Affirms Out-of-State Liquidation Order Not Entitled to Full Faith and Credit

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A risk retention group (RRG) is a state-chartered insurance company that insures commercial businesses and government entities against liability risks, including medical malpractice. In 2017, Oceanus Insurance Company, RPG,...more

Butler Snow LLP

Personal Jurisdiction Lessons Learned . . . Forgotten . . . and Remembered

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As lawyers, we learn early on about the necessity that a court must have personal jurisdiction over a defendant in order to enter a valid, enforceable judgment. Recently, the Tennessee Court of Appeals, in Corporate Flight...more

Knobbe Martens

Federal Circuit Review - January 2019

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A Post-URAA Patent that Issues After but Expires Before a Related Pre-URAA Patent Is Not a Double-Patenting Reference Against the Pre-URAA Patent - In Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical Inc.,...more

McDermott Will & Schulte

Patent Enforcement Letters May Create Personal Jurisdiction

Addressing personal jurisdiction for declaratory judgment actions, the US Court of Appeals for the Federal Circuit found that there was personal jurisdiction over the plaintiff, and that there is no generalized rule that...more

Knobbe Martens

Jack Henry & Associates, Inc. v. Plano Encryption Technologies

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Federal Circuit Summary - Before Newman, Wallach, and Stoll. Appeal from the District Court of the Northern District of Texas. Summary: There is no generalized rule that sending letters alleging patent infringement...more

Knobbe Martens

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

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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

McDermott Will & Schulte

Concerted Actions with Sister Company in Finland Result in Delaware Jurisdiction

Addressing personal jurisdiction over a foreign defendant, the US Court of Appeals for the Federal Circuit found that concerted actions occurring in a foreign jurisdiction but directed at Delaware were sufficient minimum...more

Orrick, Herrington & Sutcliffe LLP

New Court Decisions Expose Non-U.S. Banks With U.S. Branches To New Risks Of Litigation In American Courts

Non-U.S. banks with branches in New York and elsewhere in the United States find themselves sued or otherwise exposed to judicial orders in American courts with regularity. The cases reflect the full range of U.S. legal...more

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