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Minimum Contacts

Oct 2, 2015

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 […]

Oct 20, 2011

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.

Jun 8, 2011

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 [...]

Apr 18, 2011

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 […]

Sep 14, 2010

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.

Sep 9, 2010

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 […]

Sep 8, 2010

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[...]

Jun 28, 2010

Civil Practice – Jurisdiction – Minimum Contacts – Due Process – Contract

Jurisdiction - Minimum Contacts - Due Process - Contract

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