midnightstill.blogg.se

Therefore, the court had to determine whether an assertion of personal jurisdiction over Cyprus Mines would violate the Due Process Clause. Due process requires ‘minimum contacts’ between a non-resident defendant and the forum state such that “maintenance of the suit does not offend traditional notions of fair play and substantial justice.” Specifically, there must exist “some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws.” The court noted the primary concern is the burden on the defendant. The Arkansas long-arm statute authorizes personal jurisdiction to the fullest extent possible consistent with the Due Process Clause. In a diversity case, a federal district court can assert personal jurisdiction over a defendant to the extent allowed by the long-arm statute of the forum state and the Due Process Clause. Supreme Court and the Court of Appeals have been wrestling with similar questions since the Supreme Court issued a splintered opinion in Asahi Metal Industry Co.

The court noted that the resolution of this motion is not entirely dictated by precedent as the U.S. The plaintiffs further emphasized that Cyprus Mines intentionally became the exclusive supplier of talc to Johnson & Johnson. The plaintiff argued the court had jurisdiction over Cyprus because Cyprus knew that Johnson’s Baby Powder and Shower-to-Shower, containing its talc, was being marketed and sold across the country, including in Arkansas. Cyprus argues that undertook no suit-related activities in or directed toward Arkansas, and there is therefore no basis for specific jurisdiction over it. District Court for the Eastern District of Arkansas, Central Division, September 11, 2020ĭefendant Cyprus Mines filed a motion to dismiss for lack of personal jurisdiction, arguing the court does not have jurisdiction over Cyprus even though it provided talc to Johnson & Johnson, which incorporated the talc into consumer products and then sold those consumer products in Arkansas.