personal jurisdiction
Personal Jurisdiction in the Fifth Circuit’s Commercial Opinions: 2012-13
November 11, 2013
Introduction: The Supreme Court in 2011 In 2011, the Supreme Court revisited two thorny personal jurisdiction concepts – general jurisdiction, on which it had only written two previous opinions, and specific jurisdiction based on a “stream of commerce” theory. The Court had previously found general jurisdiction when a company had its headquarters in the forum state, Perkins v. Benguet Consol. Mining, 342 U.S. 437 (1952), and rejected general jurisdiction based on a company’s pattern of purchases...
November 11, 2013
Introduction: The Supreme Court in 2011 In 2011, the Supreme Court revisited two thorny personal jurisdiction concepts – general jurisdiction, on which it had only written two previous opinions, and specific jurisdiction based on a “stream of commerce” theory. The Court had previously found general jurisdiction when a company had its headquarters in the forum state, Perkins v. Benguet Consol. Mining, 342 U.S. 437 (1952), and rejected general jurisdiction based on a company’s pattern of purchases...
Circuits Split on Computer-Based Personal Jurisdiction
April 26, 2013
At first blush, two personal jurisdiction decisions, issued on the same day by different federal circuit courts, seem at odds with one another. The defendants in both lived in Canada and had no connections with the forum states other than a few discrete electronic interactions. Yet in one, the U.S. Court of Appeals for the Eighth Circuit affirmed dismissal for lack of personal jurisdiction, while in the other, the U.S. Court of Appeals for the Second Circuit found personal jurisdiction to be present,...
April 26, 2013
At first blush, two personal jurisdiction decisions, issued on the same day by different federal circuit courts, seem at odds with one another. The defendants in both lived in Canada and had no connections with the forum states other than a few discrete electronic interactions. Yet in one, the U.S. Court of Appeals for the Eighth Circuit affirmed dismissal for lack of personal jurisdiction, while in the other, the U.S. Court of Appeals for the Second Circuit found personal jurisdiction to be present,...
Fifth Circuit: Courts Lack Jurisdiction Over Foreign Arbitration Awards
March 15, 2013
The Fifth Circuit affirms that a Court may dismiss a petition to confirm a foreign arbitration award for lack of personal jurisdiction under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The Court’s opinion discusses recent Supreme Court precedent that clarifies that foreign entities that are neither present nor have property in the United States are nevertheless entitled to due process protections to challenge the exercise of personal jurisdiction...
March 15, 2013
The Fifth Circuit affirms that a Court may dismiss a petition to confirm a foreign arbitration award for lack of personal jurisdiction under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The Court’s opinion discusses recent Supreme Court precedent that clarifies that foreign entities that are neither present nor have property in the United States are nevertheless entitled to due process protections to challenge the exercise of personal jurisdiction...
