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Appeals Motion to Dismiss Personal Jurisdiction

McDermott Will & Schulte

Jurisdiction Affirmed: Trademark Ripples Reach US Shores

Addressing for the first time the issue of whether a foreign intellectual property holding company is subject to personal jurisdiction in the United States, the US Court of Appeals for the Eleventh Circuit reversed a district...more

Marshall Dennehey

Appeals Court Upholds Sovereign Immunity, Dismisses PIP Reimbursement Suit Against School Board

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School Board of Marion County v. State Farm Mutual Automobile Insurance Company, 397 So. 3d 248 (Fla. 5th DCA Nov. 21, 2024) - An insurance carrier sought reimbursement for PIP benefits paid following a school bus accident,...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2025

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Keypoint: In this post: (1) The Ninth Circuit holds essentially any website can be sued in California; (2) two courts limit pen registry claims; (3) courts split on whether privacy policies establish consent for wiretapping...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

Wiley Rein LLP

Ninth Circuit Privacy Ruling Could Be Used to Expand Potential Forums for E-Commerce Lawsuits

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On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand...more

Clark Hill PLC

Ninth Circuit expands specific jurisdiction for e-commerce platforms

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In Briskin v. Shopify, Inc., the Ninth Circuit Court of Appeals, sitting en banc, reversed a district court’s dismissal of a proposed data privacy class action for lack of personal jurisdiction. In applying traditional...more

Lewitt Hackman

Franchisee 101: Booked for Personal Jurisdiction

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The California Court of Appeals upheld a lower court’s decision finding that a Texas court had personal jurisdiction over a California franchisee. GlobalCFO, LLC and GlobalCFO Franchise, LLC (collectively, “GlobalCFO”),...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

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

McDermott Will & Schulte

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

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

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

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

Knobbe Martens

Notice Letters and Communications May Form a Basis for Personal Jurisdiction

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APPLE INC. v. ZIPIT WIRELESS, INC. [OPINION]- PRECEDENTIAL - Before Hughes, Mayer and Stoll.  Appeal from the United States District Court for the Northern District of California. Summary: Notice letters and related...more

McDermott Will & Schulte

Can’t Presume Personal Jurisdiction Exists When Challenged

The US Court of Appeals for the First Circuit affirmed a district court order dismissing a trademark infringement case for lack of personal jurisdiction, finding that if challenged, personal jurisdiction cannot be assumed...more

Faegre Drinker Biddle & Reath LLP

Defendants Suable in State Where Calls Inadvertently Received, If Similar Calls Purposefully Directed at Forum Residents, Tenth...

Last week, the U.S. Court of Appeals for the Tenth Circuit applied the Supreme Court’s recent Ford Motor decision on personal jurisdiction to a Rule 12(b)(2) motion to dismiss a TCPA claim. In Hood v. American Auto Care,...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

Butler Snow LLP

You Don’t Have To Sue The Plaintiffs At Home, But You Can’t Stay Here

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PLAINTIFF FAILED TO ESTABLISH DEFENDANTS’ MINIMUM CONTACTS IN BREACH OF CONTRACT CASE - The Fifth Circuit recently affirmed the dismissal of a case for lack of personal jurisdiction, concluding that the case was “Florida’s...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Long Arms and Sore Backs

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

Bradley Arant Boult Cummings LLP

D.C. Circuit Avoids Decisive Ruling on Personal Jurisdiction in Class Actions

We have repeatedly mentioned the long-awaited decision in Molock v. Whole Foods Market Group, Inc. from the District of Columbia Circuit. While we hoped this opinion would finally provide some circuit-level clarity about how...more

Carlton Fields

Nebraska Appellate Court Affirms Dismissal for Lack of Personal Jurisdiction in Suit Involving Breach of Reinsurance Participation...

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The Court of Appeals of Nebraska has affirmed the dismissal of a claim under a reinsurance participation agreement based on lack of personal jurisdiction....more

Fox Rothschild LLP

All In The Timing

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No, this post is not a tribute to David Ives. In many appellate cases, it really is all in the timing. Some appellate rules regarding timing are easy to state. The deadlines to file a notice of appeal, an opening brief,...more

McDermott Will & Schulte

In the Pink: Lack of Personal Jurisdiction Results in Dismissal of Non-Infringement Verdict

Addressing personal jurisdiction in a declaratory judgment action, the US Court of Appeals for the 10th Circuit reversed the district court’s bench trial verdict, finding that the district court lacked specific personal...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

Patterson Belknap Webb & Tyler LLP

Bankruptcy Jurisdiction: The Time-of-Filing Rule Applies to “Related-To” Jurisdiction

Consider these facts. A debtor in bankruptcy sued two parties for breach of contract. The debtor assigned its rights and interests in the cause of action to another entity. The defendants moved to dismiss the lawsuit, arguing...more

Carlton Fields

Court Finds That Apparently Inconsistent Forum Selection Provisions Do Not Render Arbitration Agreement Unenforceable

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Plaintiff Fintech Fund, FLP filed an action in federal court in the Southern District of Texas asserting claims under the federal Defend Trade Secrets Act and the Computer Fraud and Abuse Act against Ralph Horne, a citizen of...more

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