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S.D. Fla.·
2023-11-22
The court affirmed the magistrate judge's report and recommendation, granting in part and denying in part the defendant's motion to dismiss, denying abstention, and denying jurisdictional discovery as moot.
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Fla. 3d DCA·
2023-11-15
When a defendant files a legally sufficient affidavit contesting personal jurisdiction, the burden shifts to the plaintiff to prove jurisdiction by affidavit; if the plaintiff's response consists only of inadmissible hearsay and argument of counsel without personal knowledge, the
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S.D. Fla.·
2023-11-13
The court denied the motion for certification for interlocutory appeal because the defendant failed to demonstrate a substantial ground for difference of opinion on the controlling questions of law, nor that such an appeal would materially advance the litigation.
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S.D. Fla.·
2023-10-24
The court held that the defendant's alleged online sales of infringing goods into Florida were sufficient to establish personal jurisdiction.
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M.D. Fla.·
2023-09-28
The court held that it lacked personal jurisdiction over the defendant because the plaintiff's Georgia area code and the defendant's lack of targeting Texas numbers did not establish purposeful availment in Texas.
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Fla. 4th DCA·
2023-09-13
The appellate court affirmed the lower court's denial of a motion to dismiss for lack of personal jurisdiction. The court found the plaintiff met the burden to establish long-arm jurisdiction and sufficient minimum contacts for due process. However, the court lacked appellate jur
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S.D. Fla.·
2023-08-16
The court held that the defendants' motion to dismiss should be denied because the plaintiff sufficiently pled its claims, has standing, and the court has personal jurisdiction over the defendants.
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M.D. Fla.·
2023-08-16
Plaintiff William Harrison Sims sued BMW of North America and its German parent company Bayerische Motoren Werke AG (BMW AG) for injuries sustained when an airbag inflator ruptured during a 2019 car accident in Florida, alleging strict liability and negligence. The court denied B
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S.D. Fla.·
2023-08-16
The court held that the foreign defendants' alleged conspiracy and awareness of publication in Florida were insufficient to establish personal jurisdiction, as their contacts were not directly with the forum state.
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S.D. Fla.·
2023-08-15
The court held that it has personal jurisdiction over Audi AG because its vehicles are placed into the stream of commerce and are used in Florida, satisfying the state's long-arm statute and the Due Process Clause.
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M.D. Fla.·
2023-08-11
The court granted the defendant's motion to transfer the case to the Middle District of Florida, finding it to be a proper and more convenient forum.
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M.D. Fla.·
2023-07-25
The court held that personal jurisdiction over EzriRx LLC was established under Florida's long-arm statute, and the Amended Complaint sufficiently stated claims for strict product liability and negligence.
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S.D. Fla.·
2023-07-11
A class of investors sued accounting and fund administration firms for enabling a fraudulent hedge fund scheme through negligent misrepresentation, aiding and abetting fraud, and aiding and abetting breach of fiduciary duty. The court held that forum selection clauses in subscrip
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M.D. Fla.·
2023-07-05
Aaron Rothenberg sued FedEx Corporation alleging that FedEx personnel engaged in a multi-faceted conspiracy to assault, defame, invade his privacy, and inflict emotional distress upon him since 2018, bringing claims for defamation, assault, invasion of privacy, intentional inflic
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367 So. 3d 611·
Fla. 6th DCA·
2023-05-26
The appellate court reversed the trial court's denial of motions to dismiss for lack of personal jurisdiction. The court found that the appellants, foreign insurance companies, did not purposefully avail themselves of the privilege of conducting activities in Florida, and thus, e
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Fla. 6th DCA·
2023-05-26
The appellate court reversed the trial court's denial of motions to dismiss for lack of personal jurisdiction. The court found that the appellants, foreign insurance companies, did not purposefully avail themselves of the privilege of conducting activities in Florida, and their c
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Fla. 4th DCA·
2023-05-24
A defendant lacks minimum contacts with Florida to support personal jurisdiction when it sold only six bottles of a product to a national retailer over a seven-year period, did not specifically target Florida, and the plaintiff provided only vague testimony about where the produc
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Fla. 1st DCA·
2023-05-10
The appellate court affirmed the dismissal of four nonresident defendants for lack of personal jurisdiction and the summary judgment granted to Microsoft based on Section 230 of the Communications Decency Act. The court found that the plaintiff failed to establish jurisdiction ov
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S.D. Fla.·
2023-04-14
The court held that it lacked personal jurisdiction and venue was improper, thus transferring the case to the Southern District of Florida.
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Fla. 2d DCA·
2023-04-05
The appellate court affirmed the trial court's denial of a motion to dismiss for lack of personal jurisdiction. The court found that while the defendant, CLM, did not have sufficient minimum contacts for general jurisdiction or for conducting business in Florida, the Estate's all
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S.D. Fla.·
2023-03-31
The court held that it lacked personal jurisdiction over the defendant, Binance Holdings Ltd., because the plaintiff failed to establish sufficient contacts with Florida under either general or specific jurisdiction. Consequently, the defendant's motion to dismiss was granted.
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S.D. Fla.·
2023-03-27
The court adopted the magistrate judge's report and recommendation, granting in part and denying in part the defendants' motion to dismiss, and overruling the parties' objections.
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Fla. 3d DCA·
2023-03-22
When a defendant files an affidavit contesting personal jurisdiction and the plaintiff files a counter-affidavit with materially conflicting allegations that cannot be harmonized, the trial court must conduct a limited evidentiary hearing to resolve the disputed jurisdictional fa
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S.D. Fla.·
2023-03-20
The court held that it lacked personal jurisdiction over defendant Richard Carson because he was acting solely within his corporate capacity and did not purposefully avail himself of the privilege of conducting activities within Florida.
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Fla. 3d DCA·
2023-03-15
The appellate court affirmed the denial of Mazda Japan's motion to dismiss for lack of personal jurisdiction. The court found that Mazda Japan purposefully availed itself of the Florida market by designing vehicles for the U.S. market, registering trademarks, and utilizing its su
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Fla. 4th DCA·
2023-03-08
A defendant who legally records a telephone conversation in his home state where recording is lawful, with no other significant contacts with Florida, lacks sufficient minimum contacts with Florida to satisfy due process requirements for personal jurisdiction in a wiretapping act
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Fla. 4th DCA·
2023-03-08
The appellate court reversed a lower court's decision, finding that a defendant who recorded phone calls from Ohio to Florida lacked sufficient minimum contacts with Florida to be sued there. The court emphasized that the recording was legal in Ohio and not inherently tortious, t
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S.D. Fla.·
2023-03-08
The court held that it lacked personal jurisdiction over Unisoc because the defendant did not purposefully avail itself of the privilege of conducting activities within Florida and the exercise of jurisdiction would offend fair play and substantial justice.
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Fla. 3d DCA·
2023-03-01
The appellate court reversed a trial court's decision, finding that the plaintiffs failed to establish general personal jurisdiction over Team Health Holdings (THH) in Florida. The court determined that THH's subsidiary did not operate solely for the parent's benefit and that THH
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Del. Ch.·
2023-02-28
The Delaware Court of Chancery dismissed a plaintiff's claims for lack of personal jurisdiction over individual defendants and for failure to state a claim. The court found that the individual defendants, as non-signatories to the merger agreement, did not have a sufficiently clo
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S.D. Fla.·
2023-02-01
The court held that an out-of-state company's shipment of thirty baseball bats into Florida across nineteen shipments is sufficient contact for personal jurisdiction under due process. The court adopted the Magistrate Judge's finding that Florida's long-arm statute applied but re
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S.D. Fla.·
2023-01-25
The court held that it lacked personal jurisdiction over the defendants because they did not engage in substantial activity within Florida and did not commit a tortious act in Florida.
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M.D. Fla.·
2023-01-19
The court granted the plaintiff's motion to transfer the case to the Middle District of Florida.
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Del. Ch.·
2023-01-19
The Court of Chancery held that Delaware's Officer Consent Statute can be used to serve process on individuals acting in the functional role of certain corporate officers, even without formal appointment. The court also found that Delaware's Long-Arm Statute, when applied with th
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Del. Ch.·
2023-01-16
The court held that it has personal jurisdiction over defendants Lolli and Grinnell for claims related to the Outbound Merger and the Share Withdrawal, and over Royce Management, Inc. for claims related to the Outbound Merger and the Share Withdrawal. The court also held that the
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Del. Ch.·
2023-01-12
The Delaware Court of Chancery held that it could exercise personal jurisdiction over defendant Paul Petigrow for the claim of tortious interference with a trust instrument under Delaware's Long-Arm Statute. The court found that Petigrow's actions in facilitating the appointment
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M.D. Fla.·
2023-01-03
The court held that it could exercise personal jurisdiction over the defendant because his alleged tortious conduct, aimed at a Florida-based company and causing foreseeable harm in Florida, satisfied both Florida's long-arm statute and the due process requirements.
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S.D. Fla.·
2022-12-16
Pinnacle Foods, a Popeyes franchisee, sued Popeyes and its parent company RBI over disputes arising from a development agreement and asset purchase for restaurant acquisitions in California, claiming breach of contract, breach of the implied covenant of good faith and fair dealin
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S.D. Fla.·
2022-12-14
The court held that it lacked personal jurisdiction over the defendants because their activities did not establish sufficient minimum contacts with Florida, nor did the claims arise from Florida-based business operations or tortious acts committed there.
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Fla. 3d DCA·
2022-12-07
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M.D. Fla.·
2022-11-23
The court adopted the Magistrate Judge's recommendation to transfer the case, finding venue improper in the Middle District of Florida.
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M.D. Fla.·
2022-11-14
The court held that it has personal jurisdiction over the defendant, Mitchell Marcotte, because his alleged tortious actions in Florida, related to promoting his company's marks at a trade conference, satisfy Florida's long-arm statute and due process requirements.
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Del. Ch.·
2022-10-26
The Delaware Court of Chancery held that the defendant, Sameer Mathur, was subject to personal jurisdiction in Delaware. The court found that Mathur qualified as an "acting manager" under Section 18-109(a) of the Delaware Limited Liability Company Act because he materially partic
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M.D. Fla.·
2022-09-26
Uniters North America and related entities sued ServeCo International entities for trademark infringement involving a counterfeit leather cleaner product. ServeCo counterclaimed with cybersquatting and trademark infringement claims based on the registration of www.serveco.net, wh
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Del. Ch.·
2022-09-15
The Delaware Court of Chancery granted the respondents' motion to dismiss the petition for judicial dissolution, finding that the petitioner failed to state a claim upon which relief could be granted. The court also granted a motion to dismiss for lack of personal jurisdiction ov
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Fla. 5th DCA·
2022-09-02
RCBA failed to allege sufficient jurisdictional facts under Florida's long-arm statute (section 48.193) to establish either specific or general jurisdiction over ProAmpac Holdings, as the complaint lacked allegations that ProAmpac conducted business in Florida, committed tortious
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Del. Ch.·
2022-08-31
The Delaware Court of Chancery denied Ernest Garcia Senior's motion to dismiss for lack of personal jurisdiction. The court found that Garcia Senior implicitly consented to the court's jurisdiction by causing Carvana Co. to adopt a forum-selection provision in its certificate of
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S.D. Fla.·
2022-08-30
The court held that while Florida's long-arm statute may be satisfied by a trademark owner's residence in Florida and an infringing website's accessibility, Due Process requires more, and the defendant's mere operation of an accessible website without specific targeting or sales
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Del. Ch.·
2022-08-26
The Delaware Court of Chancery granted in part and denied in part motions to dismiss. The court dismissed most fraud claims against various defendants due to impermissible group pleading but allowed fraud claims against New Mountain. Breach of contract claims related to a Billing
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M.D. Fla.·
2022-08-23
The court held that the defendant's extensive business contacts with Florida, including regular communications, marketing activities, product ingredient acquisition, trade show attendance, and ownership of company units, were sufficient to establish general personal jurisdiction