Search / 21 posts tagged personal jurisdiction

Shaffer v. Heitner, 433 U.S. 186, 97 S.Ct. 2569, 53 L.Ed.2d 683 (1977). Facts: Greyhound, a Delaware corporation, lost a large antitrust judgment and Heitner (P) initiated a shareholder derivative suit in Delaware against 28 officers and directors of the corporation (i.e. Shaffer, D).

Hanson v. Denckla, 357 U.S. 235 (1958). Facts: Mrs. Donner, a Pennsylvania resident, established a trust in Delaware naming a Delaware bank (“Denckla”, D) as trustee. Donner was the income beneficiary of the trust during her lifetime and the remainder was to go to her beneficiary.

Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985). Facts: Rudzewicz (D) and MacShara entered into a franchise contract with Burger King Corp. (P) to open a restaurant in Michigan. Burger King was incorporated in Florida and a choice of law clause in the contract indicated that Florida law was controlling.

Harris v. Balk, 198 US 215, 25 S.Ct. 625, 49 L.Ed. 1023 (1905). Facts: Harris (D) was indebted to Balk (P) for $180. Both were residents of North Carolina. Epstein, a resident of Baltimore, Maryland, asserted that Balk was indebted to him for $344.

Storey v. United Ins. Co., 64 F.Supp. 896 (S.C. 1946). Civ. A. No. 1395. District Court, E. D. South Carolina, Columbia Division. February 12, 1946. Action by Gladys Evelyn Storey against United Insurance Company to recover on an accident and sickness insurance policy issued by defendant naming plaintiff as beneficiary.

State ex rel. Sivnksty v. Duffield, 137 W.Va. 112, 71 S.E.2d 113 (1952). Facts: Sivnksty’s (D) car struck and injured two children in West Virginia. Sivnksty was a nonresident. Sivnksty was arrested for reckless driving and incarcerated in the county jail for three days until his trial.

National Equipment Rental, Ltd. v. Szukhent, 375 U.S. 311, 84 S.Ct. 411, 11 L.Ed.2d 354 (1964). Facts: Szukhent (D), a Michigan resident, leased farm equipment from National Equipment Rental (P), a New York corporation. The lease designated Weinberg, a New York resident, as agent for the service of process in New York.

Burnham v. Superior Court, 495 U.S. 604, 110 S.Ct. 2105, 109 L.Ed.2d 631 (1990). Facts: The Burnhams lived in New Jersey prior to their separation. Mrs. Burnham (P) moved to California and filed for divorce in California state court. Mr. Burnham (D) was visiting California on business when he was served with the divorce papers.

In Campbell Pet Co. v. Maile, the Federal Circuit reversed an order finding personal jurisdiction lacking over an out-of-state defendant who had attended a trade show in Seattle and made verbal threats of patent infringement litigation.

Court has Personal Jurisdiction, but Venue is Improper Posted on August 25, 2008 by R. David Donoghue Moran Indus., Inc. v. Higdon, No. 07 C 6092, Slip Op. (N.D. Ill., Jul. 26, 2008) (Guzman, J.). Judge Guzman held that the Court had personal jurisdiction over the defendants, but dismissed plaintiff’s trademark and breach of contract case for improper venue.