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Tag Archives: personal jurisdiction

Intellectual Property – Copyright Infringement – Predicate Act Doctrine – Civil Practice – Personal Jurisdiction – Tort/Negligence — Conversion (access required)

Tire Engineering & Distribution LLC v. Shandong Linglong Rubber Co. Ltd. The 4th Circuit upholds a $26 million verdict for a Florida-based designer and distributor of underground mining tires; the district court properly exercised personal jurisdiction over a company domiciled in the United Arab Emirates and a Chinese manufacturer who conspired in Virginia with a former employee of plaintiff to manufacture tires from plaintiff’s blueprints, and defendants are not entitled to a new trial on damages even though the appellate court threw out some of plaintiff’s claims.

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Civil Practice – Personal Jurisdiction – Minimum Contact – Insufficient – Florida Contract (access required)

Miller v. Szilagyi (Lawyers Weekly No. 12-07-0590, 27 pp.) (Cressie H. Thigpen Jr., J.) Appealed from Surry County Superior Court. (John O. Craig III, J.) N.C. App. Holding: Where plaintiff reached out from North Carolina to the Florida defendants to enter into a Florida contract to buy property in Florida, neither the contract nor the related communications directed to plaintiff in North Carolina are sufficient contacts to give N.C. courts personal jurisdiction over the Florida defendants.

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Tort/Negligence – Fraud – Civil Practice – Standing – Bankruptcy – Labor & Employment – Breach of Contract – Personal Jurisdiction (access required)

Stec v. Fuzion Investment Capital, LLC Where plaintiff’s fraud claim is based on acts that allegedly occurred prior to the filing of his bankruptcy petition, the acts supporting plaintiff’s fraud claim are rooted in plaintiff’s pre-petition activities and are the property of the bankruptcy estate. Therefore, plaintiff lacks standing to bring his fraud claim.

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Tort/Negligence – Breach of Contract – Civil Practice – Statute of Limitations – Personal Jurisdiction – Corporate Subsidiary — Fraud – Unfair Trade Practices — Cemetery (access required)

Birtha v. Stonemor, North Carolina, LLC Plaintiffs allege that defendants misplaced their deceased loved ones’ headstones and/or remains. Plaintiffs have cited no authority to suggest that these alleged acts amount to a continually recurring violation as opposed to the continued ill effects from an original violation; therefore, the continuing wrong doctrine does not apply to toll the statute of limitations.

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Civil Practice – Personal Jurisdiction – Indian TV Network – General Jurisdiction – Insufficient Contacts – Tort/Negligence – Defamation (access required)

Danius v. Sun TV Network Ltd. The court does not have general jurisdiction over an Indian television network that contracts with a satellite subscription service and an internet-based IPTV network, which in turn provide subscription services in the U.S.

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Domestic Relations – Parent & Child – Support – Paternity – Civil Practice – Standing – Personal Jurisdiction (access required)

State ex rel. Davis v. McCommons A mother was receiving public assistance from Union County Child Support Enforcement for the support and maintenance of her minor child. Therefore, the State of North Carolina – through Union County Child Support Enforcement – had standing to institute proceedings against defendant as the responsible parent under G.S. Art. 9, Chap. 110.

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Civil Practice – Personal Jurisdiction – County – Board of Commissioners – Sovereign Immunity (access required)

Bess v. County of Cumberland G.S. § 153A-11 says that counties may sue and be sued, but our statutes do not contain a similar rule regarding a county’s board of commissioners. Consequently, the trial court erred in denying defendants’ motion to dismiss for lack of personal jurisdiction in regard to the defendant-board of commissioners.

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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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Civil Practice – Personal Jurisdiction – Collateral Estoppel — German Companies – Intellectual Property – U.S. & European Patents (access required)

Steag Energy Services GmbH v. Ebinger Plaintiff’s addition of a slander of title claim and some new evidence is not enough to allow the court to reconsider a prior decision of the N.C. Court of Appeals, which held that N.C. courts lack personal jurisdiction over the German defendants. Defendants’ motion to dismiss is granted.

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Civil Practice – Personal Jurisdiction – Intellectual Property – Trademark – Website Domain Names (access required)

Capitol Commission, Inc. v. Capitol Ministries Plaintiff alleges that defendant has filed an intent-to-use trademark registration with the U.S. Patent and Trademark Office for the name “Capitol Commission” and that defendant has purchased a number of internet domain names incorporating the “Capitol Commission” mark or other confusingly similar marks. Since plaintiff’s claims arise out of the parties’ former relationship in North Carolina, this court has personal jurisdiction over the California defendant. Defendant’s motion to dismiss for lack of personal jurisdiction is denied.

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