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Tag Archives: personal jurisdiction

Domestic Relations – Civil Practice – Service of Process – Foreign Country – Summons – UCCJEA – The Hague Convention – Personal Jurisdiction – Subject-Matter Jurisdiction (access required)

Hammond v. Hammond. Where the plaintiff-husband translated the summons into Japanese and forwarded a service request to the central authority of Japan within a reasonable time, he made a good-faith . . .

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Civil Practice – Two-Dismissal Rule – G.S. § 1A-1, Rule 41 (a)(1) – Personal Jurisdiction – Rule 12(b)(1) (access required)

Boggs v. Davis. The trial court erred by granting the defendant's motion to dismiss under G.S. § 1A-1, Rule 12(b)(1) pursuant to the "two-dismissal rule" in G.S. § 1A-1, Rule 41(a)(1) where the plaintiff filed only one voluntary dismissal, and the second dismissal had been entered by the trial court.

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Civil Practice – Personal Jurisdiction – Minimum Contacts – Ohio Resident – Corporate Acts (access required)

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.

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Civil Practice – Personal Jurisdiction – Minimum Contacts – Apparent Agency – First Impression – Pool Construction – Franchise (access required)

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 the franchisor, the franchisee was the franchisor's apparent agent. It does not offend due process for N.C. courts to exercise personal jurisdiction over the Va. franchisor.

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Civil Practice – Preliminary Injunction – Misappropriation of Trade Secrets – Insulation Formula – Personal Jurisdiction – Italian Subsidiary (access required)

Armacell LLC v. Bostic. (Lawyers Weekly No. 10-16-0703, 31 pp.) (Linda M. McGee, J.) Appealed from Alamance County Superior Court. (Ben Tennille, J.) N.C. App. Unpub. Holding: In support of its motion for a preliminary injunction, plaintiff made a sufficient ...

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