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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 […]
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. […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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, […]
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[...]
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.)
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.)
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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