New Mexico calls itself the Land of Enchantment, and with good reason. Carlsbad Caverns, White Sands National Monument, the Albuquerque Balloon Festival, the ski slopes of Taos, and Chaco Culture National Historic Park are all splendid visual treasures. A green chili burger is a lovely work of art. And there is a reason all that
Search results for: FORD PERSONAL JURISDICTION
New York Rejects General Jurisdiction by Consent to Service
By Michelle Yeary on
Today’s decision strays from the field of prescription drug/device law, but we take this detour because Aybar v. Aybar, 2021 N.Y. LEXIS 2134 (N.Y. Ct. App. Oct. 7, 2021) is an important jurisdictional decision – one with over 100 years of legal precedent to sort out.
Plaintiffs were involved in an automobile accident in…
Georgia Somewhat Reluctantly Allows General Jurisdiction by Consent
By Bexis on
Sooner or later we knew it would happen. The law on general jurisdiction by consent has been developing very favorably – maybe even too favorably. Since Daimler AG v. Bauman, 571 U. S. 117 (2014), almost every appellate decision (including every state court of last resort and federal circuit court) has rejected general jurisdiction…
Location May Be Key For Real Estate, But It’s Not Enough for Personal Jurisdiction
By Michelle Yeary on
Talk to any realtor and they’ll tell you location is the key to any home search. And normally when we rail against litigation tourists, location is pretty key to us too. Plaintiffs can’t forum shop for “judicial hellholes” that have no relation to them or to the defendant. So, you’ve probably heard us say plaintiffs…
Tea Leaves And Trucks: Personal Jurisdiction Is Back In The Supreme Court
By Eric Alexander on
As we write this, there is great uncertainty in the country. The intersection of state and federal law is a focus, as is the possibility that one or more of the many recent challenges to how states count votes for the presidential election will end up in the Supreme Court. The tension is palpable, in…
M.D. Georgia Exercises Personal Jurisdiction over Japanese Company Based on Activities of U.S. Distributor
By Stephen McConnell on
We often say, as we said last week, that this blog is not designed to do plaintiffs’ work for them. Thus, we are a heckuva lot more likely to trumpet pro-defense rulings than wrong ones. Still, it is important to know the problem areas out there, and today’s case displays one of them. It…
Breaking News – Supreme Court Personal Jurisdiction Certiorari Grants
By Bexis on
Today the Supreme Court agreed to take another shot at “stream of commerce” personal jurisdiction in two automotive cases. Here are the case pages at SCOTUSBlog: Ford Motor Co. v. Bandemer, No. 19-369, and Ford Motor Co. v. Montana Eighth Judicial District Court, No. 19-368. The decisions being appealed are Bandemer …
More Adventures in Personal Jurisdiction – Has Pennsylvania Fire Already Been Extinguished?
By Bexis on
Bexis recently filed a personal jurisdiction amicus brief in Pennsylvania – ground zero in the battle over general jurisdiction by “consent” due to a foreign corporation’s registration to do business in the state (technically, commonwealth). As is readily apparent from our 50-state survey on general jurisdiction by consent, most states reject such an expansive reading…
Updating Our 50-State Survey on General Jurisdiction by Consent
By Bexis on
Not quite a year ago, we prepared a 50-state survey on the status of claims that a foreign corporation’s compliance with a state’s corporate domestication statutes can be “consent” to general personal jurisdiction. This post went along with one of the DDL Blog’s cheat sheets called the “Post-BMS Personal Jurisdiction Cheat Sheet.”
Because…
Pennsylvania – Going Off The Jurisdictional Deep End?
By Bexis on
We’ve already unloaded on Hammons v. Ethicon, Inc., ___ A.3d ___, 2018 WL 3030754 (Pa. Super. June 19, 2018), where the court made a virtually unprecedented holding that a defendant challenging personal jurisdiction on Due Process grounds had the burden of proof in the course of allowing a litigation tourist from Indiana to stay…