16 results for 'cat:"Jurisdiction" AND cat:"Business Practices"'.
J. Carlyle finds that the lower court properly granted the special appearance in this lawsuit asserting a claim for tortious interference with contract after the appellee company allegedly hired one of the appellant's employees. The court rejects the appellant's argument that the appellee company, which operates principally in Michigan, consented to general jurisdiction in Texas "by registering to do business here." The registration statutes do not specifically indicate that "complying with them would subject a business to personal jurisdiction." Also, the employee at issue lives and works in Arizona, and his contract was executed under Michigan law. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: May 16, 2024, Case #: 05-23-00921-CV, Categories: Interference With Contract, jurisdiction, business Practices
J. Africk grants requests by several corporations sued by a Louisiana manufacturer of protective coatings, dismissing for lack of jurisdiction claims they violated nondisclosure agreements in a business partnership to develop railcar coating. The litigant-manufacturer’s complaint does not allege any specific facts that show their previous business partners purposely directed activities at Louisiana, while signing an NDA with a Louisiana business does not establish the minimum contacts required for jurisdiction.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: March 25, 2024, Case #: 2:23cv6394, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Corporations, jurisdiction, business Practices
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J. Casper denies a bike tour company's motion to dismiss claims brought against it by a Salem company relating to the purchase of a defective 15-person bike. The bike tour company claims the court lacks personal jurisdiction, but members of the bike tour company communicated with the Salem company representative while they were in Salem by phone, e-mail and text to transact business.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 18, 2023, Case #: 1:21cv11418, NOS: Other Contract - Contract, Categories: jurisdiction, business Practices, Contract
J. Bennett grants Poshmark its motion to dismiss allegations of patent infringement brought by a company specializing in light-up shoes. The company claims that Poshmark replicated and sold one of its shoe models without permission. However, Poshmark is based in California and does not have an established brick-and-mortar business in Maryland, preventing the company from succeeding on this claim.
Court: USDC Maryland, Judge: Bennett, Filed On: August 30, 2023, Case #: 1:22cv1592, NOS: Patent - Property Rights, Categories: Patent, jurisdiction, business Practices
J. Reidinger grants the so-called “World’s Largest Tie Store” its motion to dismiss allegations of copyright infringement when one of its ties reportedly featured work by a North Carolina artist used without her permission. The work, entitled “50 Rock Star Scientists Mosaic,” was allegedly copied by the store. However, the court lacks personal jurisdiction because the store, based in Florida, did not purposefully seek to do business in North Carolina, and their sales in North Carolina account for only 0.45% of its total profits since 2014.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: August 30, 2023, Case #: 1:22cv139, NOS: Copyrights - Property Rights, Categories: Copyright, jurisdiction, business Practices
J. Oldham finds the district court improperly dismissed with prejudice the Indian casino CFO’s complaint alleging that he was subject to a conspiracy to get him fired after he made an illegal severance payment to a newly elected tribal council member who previously worked at the casino but was no longer allowed to as a council member. Complaints by casino employees led to his arrest and to the suspension of his gaming license. An initial federal suit was dismissed without prejudice as barred by tribal sovereign immunity. An identical state case was removed to federal court by the tribe and dismissed with prejudice. The district court erred in holding that remanding the second case to state court would be futile because it would be barred by sovereign immunity. Reversed and remanded.
Court: 5th Circuit, Judge: Oldham , Filed On: August 16, 2023, Case #: 22-30436, Categories: jurisdiction, business Practices, Employment Retaliation
J. Horton dismisses the shareholder's appeal from an order of dismissal in his action against the company and three other shareholders. The order dismissed two of the three counts, while the remaining count was dismissed by stipulation of the parties. The notice of appeal was untimely, and the motion for a protective order did not "prevent the judgment from being final." Accordingly, the court lacks jurisdiction.
Court: Maine Supreme Court, Judge: Horton, Filed On: July 25, 2023, Case #: 2023ME40, Categories: Civil Procedure, jurisdiction, business Practices
J. Hickey grants the state’s motion to remand its case alleging that TikTok violated the Arkansas Deceptive Trade Practices Act by providing consumer information to China. "Each of the state's claims are carefully pled pursuant to Arkansas law, and the state specifically disclaims any contention that its claims are brought pursuant to federal law." Although TikTok cites generalized federal interests in the case, this is insufficient for federal jurisdiction.
Court: USDC Western District of Arkansas , Judge: Hickey, Filed On: July 25, 2023, Case #: 1:23cv1038, NOS: Other Fraud - Torts - Personal Property, Categories: Government, jurisdiction, business Practices