In Schoeps v Sompo Holdings, Inc., No. 25-1405 (7th Cir. Nov. 21, 2025), the Seventh Circuit holds that the happenstance of an artwork, Van Gogh’s Sunflowers (1888), having once been exhibited at the Art Institute of Chicago did not create personal jurisdiction to sue over the painting’s ownership in Illinois. The heirs (Schoeps) of “PaulContinue reading “Exhibition of Van Gogh Painting in Illinois Did Not Establish Personal Jurisdiction Over Ownership Dispute There, Holds Seventh Circuit”
Tag Archives: Personal Jurisdiction
In Yet Another Case Involving an Exploding Lithium Battery, Seventh Circuit Joins Ninth Circuit and Splits with Fifth Circuit in Finding No Specific Personal Jurisdiction Over Manufacturer
There is a split between the Fifth and Ninth Circuits about whether a foreign manufacturer of a lithium battery falls within the specific personal jurisdiction of a state when its product is sold without authorization by a third party. Compare Ethridge v. Samsung SDI Co., 137 F.4th 309 (5th Cir. 2025) (yes), with Yamashita v.Continue reading “In Yet Another Case Involving an Exploding Lithium Battery, Seventh Circuit Joins Ninth Circuit and Splits with Fifth Circuit in Finding No Specific Personal Jurisdiction Over Manufacturer”
Sixth Circuit Holds That Placement of a Website Server in a State Does Not Automatically Expose Those Who Use It to Personal Jurisdiction There
In Carbone v. Kaal, No. 24-3795 (6th Cir. June 20, 2025), the Sixth Circuit affirms the dismissal of a tort action under Fed. R. Civ. P. 12(b)(2), holding that though the defendants allegedly transmitted defamatory statements through a server in Ohio, this fact alone did not support laying specific personal jurisdiction in that forum. “Robert Carbone,Continue reading “Sixth Circuit Holds That Placement of a Website Server in a State Does Not Automatically Expose Those Who Use It to Personal Jurisdiction There”
Divided Fifth Circuit Panel Splits with Ninth Circuit and Adopts a “Same Product Plus In-State Injury” Test of Relatedness for Personal Jurisdiction in a Product Liability Case
In Yamashita v. LG Chem, Ltd., 62 F.4th 496 (9th Cir. 2023), the Ninth Circuit held that a products liability case involving an exploding lithium battery did not “arise out of or relate to” the South Korean manufacturer’s contacts with the forum state for purposes of personal jurisdiction. (See March 6, 2023 post, Ninth CircuitContinue reading “Divided Fifth Circuit Panel Splits with Ninth Circuit and Adopts a “Same Product Plus In-State Injury” Test of Relatedness for Personal Jurisdiction in a Product Liability Case”
En Banc Ninth Circuit Overrules Case Authority That Personal Jurisdiction Over an Online Business Requires That Its Marketing Be Shown to Have a “Forum-Specific Focus”
In Briskin v. Shopify, No. 22-15815 (9th Cir. Apr. 21, 2025) (en banc), the Ninth Circuit considers a customer privacy claim by a California resident against a Canadian online retailer and its American subsidiaries. The court (10-1) reverses the lower court’s dismissal on personal jurisdiction grounds, overruling AMA Multimedia, LLC v. Wanat, 970 F.3d 1201Continue reading “En Banc Ninth Circuit Overrules Case Authority That Personal Jurisdiction Over an Online Business Requires That Its Marketing Be Shown to Have a “Forum-Specific Focus””
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 whereContinue reading “Session Replay Code Embedded in Retail Website Did Not Constitute “Purposeful Availment” of State Where Customer Was Located, Holds First Circuit”
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 aContinue reading “County Cop’s Hot Pursuit of Suspect Across State Line Was “Purposeful Availment” for Personal Jurisdiction Purposes, Holds Eighth Circuit”
Self-Proclaimed “D-List” Comedian Subjects Self to Personal Jurisdiction by Tagging a Tennessee-Based Company in a Tweet, Holds Sixth Circuit
In Johnson v. Griffin, No. 23-5257 (6th Cir. Oct. 31, 2023), the Sixth Circuit holds that by targeting an individual living in Tennessee in a Twitter campaign to get them fired from their job, and specifically tagging the Tennessee-based employer, the defendant subjected herself to personal jurisdiction in that state. “Kathy Griffin, a California-based celebrityContinue reading “Self-Proclaimed “D-List” Comedian Subjects Self to Personal Jurisdiction by Tagging a Tennessee-Based Company in a Tweet, Holds Sixth Circuit “
Ninth Circuit Holds Battery Maker Made “Purposeful Availment” of the State of Hawai’i Sufficient for Personal Jurisdiction, Yet A Product Liability Case Did Not “Arise Out of Or Relate To” Those Contacts
In Yamashita v. LG Chem, Ltd., No. 20-17512 (9th Cir. Mar. 6, 2023), the Ninth Circuit holds in a products-liability case that there was no personal jurisdiction in Hawai’i over a USA subsidiary of a South Korean manufacturer headquartered in Georgia, despite that the company ships their products through Honolulu and sells some of itsContinue reading “Ninth Circuit Holds Battery Maker Made “Purposeful Availment” of the State of Hawai’i Sufficient for Personal Jurisdiction, Yet A Product Liability Case Did Not “Arise Out of Or Relate To” Those Contacts”
En Banc Fifth Circuit Reaffirms Fourteenth Amendment Limits on Fifth Amendment Personal Jurisdiction Over a Foreign Defendant, Rejecting Bid to Overrule Prior Decisional Law on This Issue
In Douglass v. Nippon Yusen Kabushiki Kaisha, No. 20-30379 (5th Cir. Aug. 16, 2022) (en banc), the Fifth Circuit holds 12-5 that the Fourteenth Amendment due process standards for personal jurisdiction over foreign defendants applies equally to the Fifth Amendment due process clause. A prior panel decision had agreed, see May 3, 2021 blog, butContinue reading “En Banc Fifth Circuit Reaffirms Fourteenth Amendment Limits on Fifth Amendment Personal Jurisdiction Over a Foreign Defendant, Rejecting Bid to Overrule Prior Decisional Law on This Issue”
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