11 results for 'cat:"Corporations" AND cat:"Jurisdiction"'.
J. Menendez partially grants the milking machine makers' motion to dismiss the dairy farmers' suit against them alleging misrepresentation of the machine's capabilities and a number of defects. Claims against two foreign entities and one domestic entity involved in the milking machine business are dismissed for lack of personal jurisdiction, since the farmers have not adequately proved their alter-ego, agency or conspiracy theories of personal jurisdiction. A third foreign entity's motion to dismiss is denied, since disputes persist as to whether it has sufficient contacts with Minnesota to warrant personal jurisdiction. The companies' motions to dismiss for failure to state a claim are denied.
Court: USDC Minnesota, Judge: Menendez, Filed On: March 27, 2024, Case #: 0:22cv1924, NOS: Other Contract - Contract, Categories: corporations, jurisdiction, Contract
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
J. Rozzoni denies a motion to remand a race discrimination case brought by a Walmart customer to the state court based on lack of diversity jurisdiction. The customer claims that the security guards involved in the incident do not have diversity with the customer, but the judge notes that the security guards are not named in the suit and diversity exists between the customer and Walmart. Additionally, the judge recommends denial of the customer’s motion for a bench trial because the customer’s motion does not meet exceptions that erode the right to a jury trial.
Court: USDC New Mexico, Judge: Rozzoni, Filed On: March 22, 2024, Case #: 1:23cv973, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, corporations, jurisdiction
Per curiam, the appellate division finds that the lower court improperly reversed the English custom tailor's motion to dismiss a shareholder's request for an accounting on the grounds of forum non conveniens. Although the shareholder is a resident of New York, the tailor and all witnesses are located in the United Kingdom. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: 01344, Categories: corporations, jurisdiction
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J. Schopler dismisses a corporate fraud complaint brought by two business owners who say that the subsidiary with which they contracted has failed to pay them money owed and has participated in a scheme with its parent company to hide the money necessary to pay them. The two business owners fail to plead each defendant's role in the alleged fraudulent scheme, the assets that were transferred between subsidiary and the parent company, and the timing of these alleged fraudulent activities.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 8, 2024, Case #: 3:23cv158, NOS: Other Fraud - Torts - Personal Property, Categories: corporations, Fraud, jurisdiction
Per curiam, the Ninth Circuit denied petitions for rehearing in a matter, finding that the district court was incorrect in exercising personal jurisdiction over an Indian satellite and space corporation under the Foreign Sovereign Immunities Act. The company failed to establish that the Indian company had the requisite minimum contacts for personal jurisdiction.
Court: 9th Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 20-36024, Categories: corporations, jurisdiction
J. Doughty denies a request by an international helicopter manufacturer to dismiss for lack of jurisdiction product liability and injury claims by a pilot allegedly forced to land his aircraft in a field during a crop dusting operation. The ruling rejects the chopper-maker's argument it has insufficient contacts with Louisiana to merit jurisdiction. Louisiana has a great interest in adjudicating the case because of the high rate of helicopter use for crop dusting and offshore work. Further, all states have a shared interest in having the jurisdiction to hold corporations accountable when their products cause harm to consumers, and the corporations' contacts with the state are sufficiently like the helicopter-maker's contacts with Louisiana.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: January 4, 2024, Case #: 6:22cv6055, NOS: Tort Product Liability - Real Property, Categories: corporations, Product Liability, jurisdiction
J. Castel grants the bank's motion to dismiss replevin, conversion and tortious interference claims brought by a purchaser of $312 million worth of non-performing residential mortgage loans that the bank serviced. The purchaser is incorporated in Delaware, whereas the bank conducts its operations from California, Michigan and Texas. Only 63 of the 2,866 loans in the package are for real property in New York. The purchaser cannot show a significant connection between the bank's business activities and New York state.
Court: USDC Southern District of New York, Judge: Castel, Filed On: December 22, 2023, Case #: 1:22cv10059, NOS: Other Contract - Contract, Categories: corporations, jurisdiction, Banking / Lending
J. Scudder finds that the lower court improperly denied the class's motion to remand this class action against the insurer accusing it of retaining more than $3.5 billion in profits by giving excessive compensation to its directors and officers. The case belongs in state court under the Class Action Fairness Act's internal-affairs exception because the allegations raise issues of corporate mismanagement that require application of Illinois law in an analysis of the discretion afforded to corporate officers of an insurance company to make decisions about surplus distributions. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: October 2, 2023, Case #: 23-2507, Categories: corporations, jurisdiction, Class Action