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Tag Archives: personal jurisdiction

Civil Practice – Judgments – Corporate – Merger Doctrine — Guaranty – Consideration – Personal Jurisdiction (access required)

Sollis v. Holman After obtaining a Texas judgment against a no-asset Texas corporation, plaintiff cannot bring a North Carolina action to pierce the corporate veil in order to enforce the judgment against the Texas corporation’s owner, a Texas resident. We affirm summary judgment for defendant.

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Civil Practice – Personal Jurisdiction – Tort/Negligence – Domestic Relations – Alienation of Affections & Criminal Conversation – Phone & Email Contacts (access required)

Crockett v. Prantner Plaintiff alleges that defendant called and emailed plaintiff’s husband in North Carolina in order to arrange meetings outside North Carolina to further their relationship and to engage in sexual intercourse under the pretext of business-related travel. The complaint thus alleges sufficient facts to authorize the exercise of personal jurisdiction over defendant pursuant to G.S. § 1-75.4(4)(a).

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Civil Practice – Personal Jurisdiction – Real Property – Promissory Note – General Jurisdiction – Prior Litigation (access required)

Synovus Bank v. Schaur Even though an N.C. state court found that it had personal jurisdiction over the Michigan defendant, that action was voluntarily dismissed without prejudice; therefore, the court’s finding does not have collateral estoppel effect.

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Civil Practice – Personal Jurisdiction – Real Property – Promissory Note – General Jurisdiction – Prior Litigation (access required)

Synovus Bank v. Schaur Even though an N.C. state court found that it had personal jurisdiction over the Michigan defendant, that action was voluntarily dismissed without prejudice; therefore, the court’s finding does not have collateral estoppel effect. Moreover, the state court litigation involved the original promissory note between the parties whereas this action involves a renewal promissory note.

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Corporate – Veil-Piercing – Ripeness – Insufficient Allegations – Civil Practice – Personal Jurisdiction – Labor & Employment (access required)

Tong v. Dassault Systemes Simulia Corp. The issue raised by plaintiff’s complaint is purely legal: whether defendant Dassault Systemes Simulia Corp. is operating defendant DSSKK as a mere instrumentality, thereby making Dassault jointly and severally liable to plaintiff for his “Japanese Retirement Allowance.” This claim is not dependent on future uncertainties and is therefore ripe for review.

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Civil Practice – Personal Jurisdiction — Service of Process – Delaware Corporation – Entry of Default & Default Judgment – Airplane Leases (access required)

TradeWinds Airlines, Inc. v. C-S Aviation Services The third-party plaintiffs sufficiently alleged fraud when they alleged, among other things, that the third-party defendant promised them “most favored nation” lease prices but then leased aircraft to a competitor at a lower price.

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Civil Practice – Personal Jurisdiction – Tort/Negligence – Defamation – Internet Postings – Intellectual Property (access required)

Gibson v. Social Knowledge, LLC People from other states – who allegedly posted defamatory statements about the N.C. plaintiff on internet forums – are not subject to this court’s jurisdiction. The court grants defendants’ motion to dismiss for lack of personal jurisdiction.

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Civil Practice – Personal Jurisdiction – Labor & Employment – N.C. Company – Georgia Employee – Trade Secrets & Business Expectancy (access required)

Perficient, Inc. v. Pickworth This court lacks personal jurisdiction over a Georgia resident who applied for a job, accepted the job, and performed the job in Georgia, albeit for an N.C. company. The court grants plaintiff’s motion to dismiss for lack of personal jurisdiction.

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Corporate – Sister Subsidiaries – Agency – Tort/Negligence – Defamation — Civil Practice — Personal Jurisdiction (access required)

Lianyungang FirstDart Tackle Co. v. DSM Dyneema B.V. Although plaintiff alleges that a Dutch corporation and its sister N.C. limited liability company operate a “single, unified website” and hold themselves out to the public as a single entity, the N.C. LLC is not liable for the alleged defamatory statement in a press release issued by the Dutch corporation.

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