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Tag Archives: personal jurisdiction

Civil Practice – Personal Jurisdiction – Systematic Business Contacts – Tort/Negligence – Alienation of Affection & Criminal Conversation (access required)

Bell v. Mozley Defendant, a South Carolina resident, has systematic business contacts with North Carolina; however, other than a New Year’s Eve party in Blowing Rock, the plaintiff-husband (also a South Carolina resident) alleges no contact between plaintiff’s wife and defendant in North Carolina. Our courts lack personal jurisdiction over defendant. We reverse the trial court’s denial of defendant’s motion to dismiss for lack of personal jurisdiction.

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Domestic Relations – Divorce – Civil Practice — Personal Jurisdiction – Due Process – Minimum Contacts (access required)

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.

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Civil Practice – Personal Jurisdiction – Banks & Banking – Real Property – Mortgages – Closing Attorneys (access required)

RBC Bank v. Hedesh Where the defendant South Carolina attorneys’ only connections to North Carolina are the location of the plaintiff-lender and the residence of two out of 15 real estate purchasers, North Carolina lacks personal jurisdiction over the South Carolina attorneys. This matter is transferred to the District of South Carolina.

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Civil Practice – Personal Jurisdiction – General Jurisdiction – Labor & Employment – Covenants Not to Compete – New Employer (access required)

Esoterix Genetic Laboratories, LLC v. McKey An out-of-state employer does not subject itself to N.C. jurisdiction simply by hiring citizens of other states who were employed by an N.C. company and who had covenants not to compete with that N.C. company. However, the defendant-company, a California corporation, does have sufficient contacts with North Carolina to give N.C. courts general jurisdiction over it. We deny defendant Counsyl, Inc.’s motion to dismiss for lack of personal jurisdiction.

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Civil Practice – Personal Jurisdiction – Indian TV Station – Dish Network Distribution – Tort/Negligence – Defamation — Default (access required)

Danius v. Sun TV Network Ltd. Where the defendant, a television network based in India, sells its programming to Dish Network for distribution, and where defendant has no control over who subscribes to Dish Network, defendant is not subject to the jurisdiction of this court. The court grants defendant’s motion to set aside entry of default. The court also grants defendant’s motion to dismiss for lack of personal jurisdiction.

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Civil Practice – Personal Jurisdiction – Non-Solicitation Agreement (access required)

Laboratory Corporation of America Holdings v. Caccuro Because defendant Caccuro, a Pennsylvania resident, contracted to receive compensation from plaintiff LabCorp, an N.C. corporation, and directed LabCorp to send her checks to her out of state, and because LabCorp distributed the checks from North Carolina, the checks were “‘shipped from this State by the plaintiff to defendant on his order or direction.’” G.S. §1-75.4(5). The trial court correctly denied Caccuro’s motion to dismiss for lack of personal jurisdiction.

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Civil Practice – Personal Jurisdiction – Insufficient Contacts – Labor & Employment – H-2B Workers – Traveling Carnival (access required)

Vitela v. Richardson Although defendant's traveling carnival sometimes operates in North Carolina, plaintiffs failed to show a sufficient connection between North Carolina and their work for defendant; moreover, defendant lacks the contacts with North Carolina that would be necessary for a finding of general jurisdiction over him.

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Civil Practice – Personal Jurisdiction – Minimum Contacts – German Contract – U.S. & European Patent Law (access required)

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 the trial court's denial of defendants' motion to dismiss for lack of personal jurisdiction.

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Civil Practice – Res Judicata – Florida Default Judgment – Personal Jurisdiction – Service of Process – Inadequate (access required)

B. Kelley Enterprises, Inc. v. Vitacost.com, Inc. In an earlier Florida lawsuit, the lessee should have followed Florida law and asked the Forsyth County sheriff to serve process on the lessor. Since the lessee instead had a private individual serve process on the lessor, the Florida default judgment against the lessor does not bar the lessor's present case against the lessee.

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