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Home / Opinion Digests / Civil Practice / Civil Practice – Foreign Judgment – Personal Jurisdiction – Defendant’s Burden (access required)

Civil Practice – Foreign Judgment – Personal Jurisdiction – Defendant’s Burden (access required)

Seal Polymer Industries - BHD v. Med-Express, Inc., USA Plaintiff obtained a judgment against the N.C. defendant in an Illinois court and attached an authenticated copy of the Illinois judgment to its Notice of Filing Foreign Judgment. Defendant failed to rebut the presumption that the judgment is enforceable: defendant merely stated that is was incorporated under N.C. law, had its principal place of business in North Carolina, and had “no minimum contacts with the State of Illinois.” This conclusory statement alone is insufficient to establish the affirmative defense of lack of personal jurisdiction.

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