Podcast - FTC Commissioner Dismissals: Background and Implications
The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
(Podcast) The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
Fifth Circuit Affirms District Court’s Striking of Class Allegations
Eighth Circuit Reverses Dismissal of Putative Class Claims
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Class Action Suit Against Instagram for New Terms of Service Dismissed
On June 18, 2025, the Nevada Supreme Court held in Whitley v. Greyhound Lines, Inc., 141 Nev. Adv. Op. 33 (2025), that Calder v. Jones’ “effects test” applies only in intentional tort cases. The opinion provides an analysis...more
A recent decision from the Manhattan Commercial Division reminds us that even substantial and high-profile transactions tied to the state may not be enough to establish personal jurisdiction over an out-of-state defendant. In...more
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
A recent decision from the U.S. District Court for the Southern District of Indiana demonstrates how a defendant may successfully challenge personal jurisdiction when the facts fail to show vicarious liability through a...more
We have previously reported on the Jobiak case which raises the interesting issue of whether an AI-scraped job database is subject to copyright protection and is infringed. We were hoping that the court would make substantive...more
A federal court in Michigan recently granted a motion to dismiss for lack of personal jurisdiction against one owner of a franchisor, while denying the motion to dismiss against the other owner and granting the franchisor’s...more
Precedential and Key Federal Circuit Opinions - 1. IOENGINE, LLC V. VIDAL (21-1227 Lourie, Chen, Stoll) - Chen, J. The Court reversed in part and affirmed in part the Final Written Decisions of the Patent Trial and...more
A Michigan federal district court dismissed a franchisee’s claims against its franchisor's CEO and several individuals responsible for negotiating its franchise agreements, for lack of personal jurisdiction....more
Additional Insured’s Action Against Insurer Dismissed for Lack of Personal Jurisdiction - The takeaway of this article is for you to consider updating your clients' insurance requirements to require a specific additional...more
The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal for lack of personal jurisdiction, deciding that the sale of a product via an interactive website provides sufficient “minimum...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
Specific personal jurisdiction can be a very straightforward concept. If a plaintiff claims to have been injured by a product that the defendant itself sold directly to plaintiff at a store within the forum state, disputes...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
Customer lists held by providers and the personal information users enter to obtain digital wallets or set up crypto exchange accounts are enviable targets for hackers. Such data can be used to launch targeted phishing...more
On September 7, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed dismissal of a chapter 11 debtor’s adversary proceeding to enforce the automatic stay against Irish creditors seeking to sell the debtor’s...more
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
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
Referencing the use of antecedents from a “wherein” clause, the US Court of Appeals for the Federal Circuit reversed a district court’s claim construction and vacated its summary judgment ruling of indefiniteness that relied...more
The US Court of Appeals for the Federal Circuit rejected a bright-line rule that patent infringement notice letters and related communications can never form the basis for specific personal jurisdiction. Apple Inc. v. Zipit...more
Apple Inc. v. Zipit Wireless, Inc., Appeal No. 2021-1760 (Fed. Cir. Apr. 18, 2022) - In its only precedential patent case this week, the Federal Circuit addressed the extent to which a party exposes itself to personal...more
Last week, Judge Linda Lopez of the U.S. District Court for the Southern District of California dismissed the class action lawsuit against Netgain Technology due to the lack of personal jurisdiction over the business. The...more
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
Earlier this year, AbbVie Inc. and AbbVie Biotechnology Ltd. filed a Complaint against Alvotech hf. in the US District Court for the Northern District of Illinois alleging theft of trade secrets relating to adalimumab. In...more
In a precedential opinion, Hepp v. Facebook, et al., ____ F.4th ______, No. 20-2725 (3d Cir. Sept. 23, 2021) (publication pending), the Third Circuit became the first Circuit Court of Appeals to apply the intellectual...more
Case: Patterson v. Chiappa Firearms, USA, LTD, No. 1:20-cv-01430-JPH-MG, 2021 WL 4287431 (S.D. Ind. Sept. 21, 2021). Significance: - First Indiana case to apply the “relate to” standard articulated in Ford Motor Co....more