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Civil Practice – Personal Jurisdiction – Minimum Contacts – Phone Calls & Emails — Dismissal
Industrial Piping, Inc. v. Zhang (Lawyers Weekly No. 15-04-0929, 11 pp.) (Robert Conrad Jr., J.) 3:14-cv-00537; W.D.N.C. Holding: A handful of phone calls and emails with plaintiff do not create the substantial contacts necessary for this court to exercise personal jurisdiction over the defendants. The court grants defendants’ motion to dismiss for lack of personal […]
Domestic Relations – Divorce – Civil Practice — Personal Jurisdiction – Due Process – Minimum Contacts
Shaner v. Shaner The trial court’s exercise of personal jurisdiction over a husband in a divorce case would violate his due process rights since he could not reasonably anticipate being haled into court on the basis of his limited contacts with the state. Reversed.
Civil Practice – Personal Jurisdiction – Minimum Contacts – German Contract – U.S. & European Patent Law
Evonik Energy Services GmbH v. Ebinger The European defendants' contacts with North Carolina are sporadic and do not form the basis for plaintiff's claims against them. Moreover, litigation here would be inconvenient for defendants, and N.C. courts have limited interest in making declaratory judgments as to German contract law as it relates to European and U.S. patent laws. We reverse [...]
Civil Practice – Jurisdiction – Discovery – Deposition Testimony – Foreign Officer – Minimum Contacts
Cheatham v. Ribonomics, Inc. (Lawyers Weekly No. 11-15-0368 , 8 pp.) (John R. Jolly Jr., Chief Special Superior Court Judge) N.C. Bus. Ct. Holding:The defendants shall make the officer of a Massachusetts-based wholly-owned subsidiary available for the taking of a deposition in the continental United States, even though the officer is a citizen and resident […]
Civil Practice – Personal Jurisdiction – Minimum Contacts – Ohio Resident – Corporate Acts
Peters v. Norwalk Furniture Corp. Where the individual defendant had many contacts with North Carolina in his capacity as a corporate officer, and where this lawsuit arises from the individual defendant's acts as a corporate officer, N.C. courts have personal jurisdiction over the Ohio defendant.
Tort/Negligence – Personal Jurisdiction – Minimum Contacts
Smith Architectural Metals LLC v. American Railing Systems Inc. (Lawyers Weekly No. 10-07-0870, 9 pp.) (Robert C. Hunter, J.) Appealed from Alamance County Superior Court. (Carl R. Fox, J.) N.C. App. Holding: When a foreign corporation’s contacts with the state have consisted of efforts to address a problem, the requirement of minimum contacts required […]
Civil Practice – Personal Jurisdiction – Minimum Contacts – Apparent Agency – First Impression – Pool Construction – Franchise
Bauer v. Douglas Aquatics, Inc. Even though defendants' franchise agreement explicitly stated that the North Carolina franchisee was not the Virginia franchisor's agent, since (1) the plaintiff-customer was not privy to the franchise agreement, (2) the franchisee represented itself to plaintiff as part of the franchisor, and (3) the franchisor's website described the franchisee as part of[...]
Civil Practice – Jurisdiction – Minimum Contacts – Due Process – Contract
Jurisdiction - Minimum Contacts - Due Process - Contract
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