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Session Replay Code Embedded in Retail Website Did Not Constitute “Purposeful Availment” of State Where Customer Was Located, Holds First Circuit

In Rosenthal v. Bloomingdales.com, LLC, No. 23-1683 (1st Cir. May 9, 2024), a First Circuit panel holds that the inclusion of a session replay provider (SRP) on a commercial website hosted out of state, which allegedly permitted surveillance of customers, did not create grounds for specific personal jurisdiction against the store in the state where…

by pwmollica1961

County Cop’s Hot Pursuit of Suspect Across State Line Was “Purposeful Availment” for Personal Jurisdiction Purposes, Holds Eighth Circuit

In a terse five-page opinion, an Eighth Circuit panel in Wade v. Pottawattamie Cnty. No. 23-1059 (8th Cir. May 7, 2024), reverses a decision that dismissed, on personal jurisdiction grounds, a lawsuit against an Iowa county in a personal injury case involving a deputy crossing state lines. “The unfortunate chain of events began when a…

by pwmollica1961

Defendant’s “Strategic Decision” to Withhold Challenge to Diversity Jurisdiction for Fifteen Months Warrants $62,556 Attorney’s Fee Sanction Under Court’s Inherent Powers

In J.C. Penney Corporation, Inc. v. Oxford Mall, LLC, No. 22-12461 (11th Cir. May 1, 2024), the Eleventh Circuit affirms in full an attorney’s fee sanction, awarded against a defendant that was found to have withheld information for fifteen months that the parties were not diverse for purposes of 28 U.S.C. § 1332 subject-matter jurisdiction.…

by pwmollica1961

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