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Personal Jurisdiction

Mar 13, 2020

Civil Practice: Personal Jurisdiction-Fraud Case

Where a Minnesota attorney sued out-of-state defendants in Minnesota state court for their alleged participation in a fraud scheme, and the defendants removed the case to federal court, the dismissal is affirmed because the connection between the defendants and the attorney was not sufficient to establish personal jurisdiction because the attorney was the only connection […]

Jan 10, 2020

Civil Practice: Personal Jurisdiction-Sufficient Contacts

Where plaintiffs, who were Arkansas residents, sued a California resident and his California-based business in Arkansas in a dispute involving an investment agreement, the dismissal of the case for lack of personal jurisdiction is reversed because the defendants had sufficient contacts with Arkansas to establish personal jurisdiction. Judgment is reversed. Whaley v. Esebag (MLW No. […]

Nov 18, 2019

Civil Practice: Default Judgment-Personal Jurisdiction-Expired Summons

Where appellant challenged the denial of his motion to set aside a default judgment entered against him, the appellant met his burden to show that the summons relied on for service of process had expired and had not been extended, so the trial court lacked personal jurisdiction to enter a default judgment, and the judgment […]

Nov 1, 2019

Civil Practice: Personal Jurisdiction-Long-Arm Statute-Bad Faith

Where a Kansas insurer sought a writ of prohibition directing the court to dismiss for lack of personal jurisdiction claims that included a bad-faith refusal to settle in a dispute arising from an auto accident in Missouri between a Missouri resident driving his Kansas daughter’s car, under Missouri’s long-arm statute the court could exercise jurisdiction […]

Oct 18, 2019

Torts: Product Liability-Personal Jurisdiction

Defendants appealed from the judgment entered against them, awarding plaintiff actual and punitive damages for plaintiff’s use of defendants’ talc products. On appeal, defendants argued that the trial court lacked personal jurisdiction over them. The trial court exceeded its authority by revising its judgment in a manner not requested by either party in an authorized […]

Oct 2, 2019

Civil Practice: Order of Protection-Personal Jurisdiction-Service of Process

Where appellant challenged the entry against him of a full order of protection, the trial court erred in exercising personal jurisdiction over the appellant because the record did not show that the appellant received proper service of process, so the judgment is reversed and remanded. Judgment is reversed and remanded. K.M.R. v. D.G.B. (MLW No. […]

Jul 8, 2019

Contracts: Trademark Infringement-Coexistence Agreement-Personal Jurisdiction

Defendant adopted the name Federated National Holding Company. Plaintiff became concerned defendant’s name was confusingly similar to its own, and the parties entered a coexistence agreement under which defendant agreed to adopt a new name within seven years and provide it to plaintiff. Defendant then adopted the name “FedNat” in conjunction with its existing name […]

Apr 8, 2019

Civil Practice: Personal Jurisdiction-Service of Process-Child-Custody Case

  Where a mother in a child-custody case challenged personal jurisdiction over her, the mother was served in California and service was valid under California law, so service of process was proper, and the trial court had personal jurisdiction to enter the judgment. Judgment is affirmed. A.R.J. v. C.M. L. (MLW No. X73013/Case No. ED106784 […]

Dec 12, 2018

Civil Practice: Personal Jurisdiction-Sufficient Contacts

Where Arkansas residents, who hired a Louisiana resident to represent them as a non-lawyer advocate in a civil rights action, brought a claim against a Louisiana lawyer contacted by their advocate for limited representation, dismissal of the Arkansas residents’ claim for lack of personal jurisdiction is affirmed because the lawyer was not licensed in Arkansas, […]

Nov 26, 2018

Civil Practice: Personal Jurisdiction-Non-Resident Corporation-Website Activity

Where a Pennsylvania corporation sued by a Missouri subcontractor sought to prohibit a Missouri court from exercising personal jurisdiction over it in a negligent-misrepresentation action, a preliminary writ is made permanent because the corporation’s website, while accessible to Missouri residents, did not target Missouri residents, and the website was not used to complete any transactions [&he[...]

Jul 26, 2018

Civil Practice : Personal Jurisdiction –  Long-Arm Statute – Minimum Contacts

Good World Deals, LLC v. Gallagher (MLW No. 71910/Case No. WD81076 – 13 pages) (Missouri Court of Appeals, Western District, Hardwick, J.)

May 8, 2018

Negligence : Personal Jurisdiction –  Punitive Damages – Quotient Verdict

Ross v. Jeschke AG Service, LLC (MLW No. 71628/Case No. WD80789 – 12 pages) (Missouri Court of Appeals, Western District, Hardwick, J.)

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