Supreme Court Rules on Exercise of Personal Jurisdiction over Foreign Companies

View Media On June 27, 2011, the Supreme Court of the United States issued opinions in Goodyear Luxembourg Tires v. Brown , 564 U.S. ___ [1] , [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] and J. McIntyre Machinery, Ltd. v. Nicastro...

U.S. Supreme Court Decisions Limit Jurisdiction for Suits against Foreign Suppliers

By John L. Watkins, Partner, Barnes & Thornburg LLP On June 27, 2011, the United States Supreme Court issued two decisions that limit the ability of U.S. courts to assert jurisdiction against foreign manufacturers if their contacts with the state in which suit is brought are...

Second Circuit Finds Mid-Case Default Forfeits Defendants' Right to Appeal

Second Circuit Finds Mid-Case Default Forfeits Defendants' Right to Appeal from Rulings That Statute Creates a Cause of Action and that Personal Jurisdiction Was Present; Remands for Reconsideration of Remedy By Louis M. Solomon In cases where there are solid grounds to believe personal jurisdiction...

District Court Avoids Testing Common Law Sovereign Immunity

Defense Remanded by the Second Circuit But Dismisses the Claims on Personal Jurisdiction Grounds Instead By Louis M. Solomon Carpenter v. Republic of Chile, et al. , 07-CV-5290 (JS)(ETB) (E.D.N.Y. June 2011) [ enhanced version available to lexis.com subscribers ], is the remand from a Second...

Personal Jurisdiction Exists Only Where Venue Proper; Claim Against Bank of China Severed and Transferred To S.D.N.Y.

By Louis M. Solomon Wultz v. Islamic Republic of Iran , 08-cv-1460 (RCL) (D.D.C. Jan. 2011) [ enhanced version available to lexis.com subscribers ], is the opinion on reconsideration of an earlier decision, which we posted on because of its rulings on the pleading of causation in a claim to overcome...

9th Circuit Denies Rehearing in Bauman v. DaimlerChrysler

Finding Personal Jurisdiction by Imputation and Watering Down "Agency" Test for Finding Jurisdiction, Say 8th Circuit Judges Who Would Grant Rehearing En Banc By Louis M. Solomon Bauman, et al. v. DaimlerChrysler, et al., No. 07-15386 (9th Cir. 18 May 2011) [ enhanced version...