In law as in real estate, “location, location, location.” Where a case is filed is often outcome-determinative. Jury pools and jurisprudence vary from one jurisdiction to the next. In some states, any complaint written on paper is sufficient; in others, a plaintiff must actually plead facts to avoid dismissal. Similarly, juries in some places routinely
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New Mexico Rejects Corporate Registration as Basis for Personal Jurisdiction
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…
D. Mass. Rules for Defendant in Denying Remand and Finding No Personal Jurisdiction
Judge Burroughs up in Boston recently wrote a clear and correct opinion regarding corporate citizenship, principal place of business, personal jurisdiction, and jurisdictional discovery. She was short and to the point, and we will try to be so as well.
The case is Lopez v. Angiodynamics, Inc., 2021 U.S. Dist. LEXIS 208161 (D. Mass. Oct.…
Location May Be Key For Real Estate, But It’s Not Enough for Personal Jurisdiction
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…
D. Minnesota Dumps Non-Diverse Plaintiff’s Claim for Lack of Personal Jurisdiction
Today’s case, BCBSM, Inc. v. Celgene Corp., 2021U.S. Dist. LEXIS 52785 (March 22, 2021), is an antitrust case. The plaintiffs alleged that a pharma company suppressed generic competition. We enjoy reading antitrust cases, always doing so with a healthy skepticism about the merits of the claims. We did, after all, attend the University of…
Ford Personal Jurisdiction Case Decided – In-State Plaintiffs Win; Forum Shoppers Lose
We’ve blogged about the United States Supreme Court’s pending personal jurisdiction cases before. Well, they pend no longer. Yesterday the Court unanimously (with a couple of concurrences) ruled that resident plaintiffs injured by products originally manufactured and sold elsewhere could sue a nationwide company like Ford – that “purposefully avail[ed] itself of the privilege…
Talc MDL Court Reaffirms Dismissals Based on Lack of Personal Jurisdiction
Last July, Bexis blogged about two inconsistent personal jurisdiction rulings in talc litigation. Those rulings created a personal jurisdiction split between a Missouri court and the talc MDL court on whether non-Missouri plaintiffs could sue a non-Missouri defendant in Missouri even if those plaintiffs did not use the product or suffer an injury in…
Defensive Personal Jurisdiction Discovery – Why Not?
Sometimes it can be easy to believe that a random thought can conjure a real-life response. Such as when you imagine yourself taking a vacation to someplace warm and tropical (not at all brought on by mid-January temps in the Mid-Atlantic) and suddenly every other commercial you see has a palm tree, a hammock, and…
Show Me Some More On Personal Jurisdiction
It’s not exactly Groundhog Day, but we are sticking with personal jurisdiction. Today we’re sliding two states over to Missouri. Gateway to the West. Home to Maya Angelou, Mark Twain, Dick Van Dyke, and John Goodman. Birthplace of the waffle cone and home to the largest beer producing plant in the country. Unlike Indiana, Missouri…
Hoosier Daddy: Personal Jurisdiction Edition
We’ve all seen lists of so-called hellhole jurisdictions — court systems that treat corporate defendants brutally. What about a list of the places where corporations get a fair shake? Indiana would be on that list. Jurors in the Hoosier State don’t casually toss around multimillion dollar verdicts. Further, both federal and state judges in Indiana…