Not exact matches
But, the decision leaves Congress with the option of potentially changing that statute which currently limits the
personal jurisdiction of federal trial courts to that of a state court of
general jurisdiction in the same state, as it already does in cases that are predominantly «in rem» (e.g. interpleader cases and interstate boundary and real property title disputes), in bankruptcy cases, and with respect to the subpoena power of U.S. District Courts.
(U.S. June 19, 2017) in which the court finds that «specific
personal jurisdiction» (as opposed to «
general jurisdiction») is lacking with regard to the claims of members of the class of plaintiffs who are not California residents in this case brought in a California state trial court (in an 8 - 1 decision with Justice Sotomayor dissenting).
The California Superior Court denied BMS's motion to quash service of summons on the nonresidents» claims for lack of
personal jurisdiction, concluding that BMS's extensive activities in the State gave the California courts
general jurisdiction.
For almost 30 years, venue of patent cases utilized the
general federal venue statute, 28 U.S.C. § 1391 (c), which allows a corporation to be sued «in any judicial district in which such defendant is subject to the court's
personal jurisdiction.»
The Federal Court in VE Holding had ruled that the
general venue provision, 28 U.S.C. § 1391, as amended in 1988, modified Section 1400 (b) to require that a corporation defendant «resides» in any district where it is subject to
personal jurisdiction.
Obtained dismissals for lack of
personal jurisdiction in numerous cases confirming Swiss company was not subject to
general personal jurisdiction under Florida's long arm statute.
Continue Reading Breaking News — Bauman Trumps
Jurisdiction By Consent in Second Circuit — and New Post-Bauman Cheat Sheet on
General Personal Jurisdiction
Due process permits state courts to exercise
personal jurisdiction over nonresidents who have... [Read More...] about General Principles of Personal Jurisdiction in Defamati
personal jurisdiction over nonresidents who have... [Read More...] about General Principles of Personal Jurisdiction in Defa
jurisdiction over nonresidents who have... [Read More...] about
General Principles of
Personal Jurisdiction in Defamati
Personal Jurisdiction in Defa
Jurisdiction in Defamation Cases
Prior to Daimler [which we call Bauman because there are a lot more Mercedes - Benz cases], controlling precedent in this Circuit made it clear that a [defendant] with a branch in New York was properly subject to
general personal jurisdiction here.
You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive one that does not give rise to
personal jurisdiction over us, either specific or
general, in
jurisdictions other than New York.