In recent decisions, the United States Supreme Court has limited the scope of general personal jurisdiction— that is whether a non-resident corporation can be sued in a particular state on any cause of action, even those that do not arise out of events that occurred in that state. Most states, including Georgia, have statutes that allow non-resident corporations to register to do business in that state. If a corporation takes that step, has it consented to be sued in that state on any possible cause of action? The Georgia Supreme Court recently addressed that question in Cooper Tire & Rubber… Read more
Tag: personal jurisdiction
United States Supreme Court Unanimously Rejects a Causal Link Requirement in Specific Jurisdiction Inquiry
A unanimous U.S. Supreme Court held in Ford Motor Co. v. Montana Eighth Judicial District Court that the connection between Ford’s activities in a forum state and products liability claims was “close enough” to support specific jurisdiction. The 8-0 decision (Justice Barrett not participating) rejected Ford’s arguments that the state courts lacked jurisdiction because Ford had not designed, manufactured, or sold the particular vehicles involved in the car accidents. The Montana Eighth Judicial District Court case was consolidated with Ford Motor Co. v. Bandemer. Montana Eighth Judicial District Court case involved a Ford Explorer that had originally been purchased in Washington that through subsequent repurchases… Read more
Interesting Cert Grants From The Georgia Supreme Court
On February 1, 2021, the Georgia Supreme Court granted certiorari in two cases that may have wide significance to attorneys practicing in Georgia. In Cooper Tire & Rubber Co. v. McCall, Case No. S20G1368, Georgia Supreme Court will examine whether Georgia courts can exercise general personal jurisdiction over non-Georgia corporations that have registered to do business in Georgia. In the early 1990s, the Georgia Supreme Court held that Georgia law allowed a Georgia court to exercise general jurisdiction over a non-Georgia corporation that had registered to do business in Georgia. Under general personal jurisdiction, a company can be sued in… Read more
Will the Patent Venue Statute be Reinterpreted?
Heartland is an Indiana limited liability company that is not registered to do business in Delaware and does not have any regular or established place of business in Delaware. It was sued for patent infringement in the District of Delaware and its motion to dismiss or transfer the action under 28 U.S.C. §1406 was denied. In the pending Federal Circuit mandamus action it filed, In re TC Heartland, Heartland has asked the court to reconsider its interpretation of the patent venue statute 28 U.S.C. §1400(b). For a court to adjudicate a case, it has to have jurisdiction, both personal jurisdiction… Read more