LexisNexis® Legal Newsroom
Real Cases in Real Estate by Andrea Lee Negroni, Esq. – Oct. 18th Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee...

Risks to Lawyers in Closing Real Estate Loans: Real Cases in Real Estate by Andrea Lee Negroni, Esq.

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee...

The Protectability of "Book” Marks; Facebook Re-Files Trademark Complaint against Teachbook after Jurisdictional Dismissal

Last week, the District Court for the Northern District of California dismissed Facebook's trademark complaint against Teachbook. The dismissal was based on a lack of personal jurisdiction. On May 6 th , Facebook re-filed in the Northern District of Illinois. Last Week's Dismissal ...

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...

High Court Delivers 2 Of Its Most Significant Opinions On Personal Jurisdiction In 25 Years

On June 27, the United States Supreme Court delivered two of its most significant opinions on the subject of personal jurisdiction in nearly twenty-five years (since Asahi Metal Ind. Co. v. Superior Court of California , 480 U.S. 102(1987) [ an enhanced version of this opinion is available to lexis.com...

Keller & Heckman Alert: Supreme Court Rules On Exercise Of Personal Jurisdiction Over Foreign Companies

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 , 564 U.S...

Keller & Heckman Alert: Supreme Court Rules On Exercise Of Personal Jurisdiction Over Foreign Companies

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 , 564 U.S...

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...

High Court's Goodyear, McIntyre Rulings Limit Jurisdiction Over Foreign Manufacturers

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 limited....

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...

Personal Jurisdiction in the Internet Age

by Andrew M. Gold It appears that the courts are growing more restrictive in permitting personal jurisdiction to be based solely on a defendant's internet based contacts in a forum state. Indeed, it appears that the "effects" of a defendant's activities in a forum state are no longer...

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...

NOTE: J. McIntyre Machinery, Ltd. v. Nicastro: The Stream-of-Commerce Theory of Personal Jurisdiction in a Globalized Economy

66 U. Miami L. Rev. 233, Fall 2011 Author: Elisabeth A. Beal Excerpt I. Introduction "It has been said that arguing against globalization is like arguing against the laws of gravity," proclaimed Kofi Annan, former Secretary-General of the United Nations. The issue of exercising specific...

Bergman on Foreclosure: Process Is Everything

By: Bruce J. Bergman Member, Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.; Author, Bergman on New York Mortgage Foreclosures , 3 vols, LexisNexis Matthew Bender (rev. 2011) Well, not quite everything, because there is just so much that is important in prosecuting a mortgage foreclosure...

Troutman Sanders LLP: EDVA Court Refuses Request for Jurisdictional Discovery and Dismisses Foreign Defendant from Patent Case

by Dabney Carr As patent litigation becomes increasingly international in scope, issues of personal jurisdiction over foreign defendants arise more frequently. Judge Ellis of the Eastern District of Virginia recently dealt with an unusual issue of jurisdiction over a foreign defendant with no contacts...

Troutman Sanders LLP: Offering Accused Product for Sale Over the Internet Creates Personal Jurisdiction in Virginia

By Dabney Carr When a small company is sued for patent infringement in a distant forum, a common strategy is to move to dismiss for lack of personal jurisdiction. A recent decision in a Western District of Virginia case holds, however, that offering the accused product for sale to forum residents...

Troutman Sanders LLP: Patent Court Takes the Unusual Step of Considering Personal Jurisdiction Sua Sponte

WDVA Court Declines to Enter Default Judgment and Dismisses Patent Infringement Suit for Lack of Personal Jurisdiction Sua Sponte By Stan Hammer In a December 14 Memorandum Opinion , Judge Samuel G. Wilson declined to enter a default judgment and dismissed a patent infringement action against a...

To Establish Personal Jurisdiction, Minimum Contacts Must Be With Forum State, Not Just Its Resident

Due Process is satisfied when a non-resident has sufficient minimum contacts with a state such that exercise of jurisdiction over him does not offend traditional notions of fair play and substantial justice. The minimum contacts analysis focuses on the relationship between the defendant, the forum and...

West Virginia Bank Wins Dismissal of Contract Claim for Lack of Personal Jurisdiction

Virginia's long-arm statute extends personal jurisdiction to the fullest extent permitted by due process. A Virginia court may exercise specific jurisdiction over a defendant when the defendant has sufficient minimum contracts with Virginia such that the maintenance of the suit does not offend traditional...