We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Civil procedure students are used to hearing about the rules for state-court personal jurisdiction under the Fourteenth Amendment's Due Process Clause. But the Fifth Amendment has a Due Process Clause ...
UPDATE Dec. 6: Plumbers Local has filed a motion to dismiss its petition for review in Plumbers Local #290 Pension Trust Fund v. Root, so the justices will not consider the case at their conference on ...
If you want to sue someone, you have to do it in a court that has "personal jurisdiction" over that person; that, courts have held, is required by the Due Process Clause. One way to make sure of this ...
The US Court of Appeals for the Ninth Circuit has reversed a district court’s dismissal of trademark declaratory judgment claims, finding that pre-enforcement commercialisation activities can in fact ...
Herbal Brands sells health, wellness, fitness and nutrition products directly to consumers and through authorised third-party retailers in Arizona. Photoplaza, a separate company, sold Herbal Brands ...
July 25, 2023 - A new 5-4 decision from the U.S. Supreme Court holding registration to do business in a state is sufficient for personal jurisdiction even if the subject of the lawsuit has no ...
The justices narrowly rejected a challenge to the constitutionality of a Pennsylvania law that allows any company doing business in the state to be sued there – even if the corporation is not ...
It is axiomatic that, absent consent, a court without personal jurisdiction lacks authority to adjudicate claims brought in a lawsuit. Long ago, personal jurisdiction was relatively straightforward ...
“Patentees must think strategically before firing off cease-and-desist letters and during follow-up correspondence or meetings, lest they ultimately find themselves defending against a declaratory ...
Under the Due Process Clause of the Fourteenth Amendment, a state or federal court may exercise jurisdiction over a defendant only if the defendant is at home in the forum state or has sufficient ...