terry's takes
Filtered by category: personal jurisdictionMarch 5, 2024
3rd dca, personal jurisdictionZyskind v. Elena Koss
A recent ruling confirms that nonresident corporate officers can be subject to personal jurisdiction in Florida if they direct fraud or intentional misconduct toward parties within the state. Florida courts focus solely on whether the alleged tortious act occurred in the state, meeting requirements for long-arm jurisdiction and due process under minimum contacts. When a conspiracy to commit tortious acts in Florida is sufficiently alleged, all conspirators involved become subject to Florida’s jurisdiction through its long-arm statute.
read moreJune 14, 2023
1st dca, motion to quash service, personal jurisdiction, service of processRetherford v. Kirkland
after the personal and business relationship of two individuals soured, ms. retherford sued mr. kirkland to attempt to walk away with their shared business. mr. kirkland was sued in bay county, florida, and service of process was given to his adult daug...
read moreJune 7, 2023
3rd dca, personal jurisdictionPacheco v. Samardjich
this is a rare motor vehicle accident case where a defendant apparently contested personal jurisdiction under provisions of the hague convention. the defendant apparently lived in florida at the time of the wreck but then moved abroad and tried to hide ...
read moreMay 26, 2023
6th dca, motion to dismiss, personal jurisdictionTraveler Insurance Facilities, PLC v. Naples Community Hospital, Inc.
the underlying action involves a dispute over allegedly unpaid or underpaid claims for emergency medical services rendered to several foreign patients by naples community hospital, inc. (nch)
read moreMay 24, 2023
4th dca, motion to dismiss, personal jurisdictionLornamead, Inc. v. Fleemin
In this case, the Fleemins filed a product liability suit against Lornamead, claiming Joanne Fleemin developed mesothelioma from using Yardley talcum powder. The trial court initially denied Lornamead’s motion to dismiss, believing it sold the product in Florida. On appeal, the DCA found that Lornamead’s limited distribution to Walgreens in the U.S.—and lack of Florida-specific business operations—did not establish sufficient contact with Florida to meet personal jurisdiction requirements. The DCA ruled that mere placement of a product in the general market, without targeted efforts toward the state, does not fulfill jurisdictional standards. Lornamead was dismissed from the case.
read moreMay 10, 2023
1st dca, defamation, internet service provider liability, libel, motion to dismiss, personal jurisdiction, summary judgement standardWhite v. Discovery Communications, LLC
okay, here’s a fun one. nathaniel white shares a name with a serial killer from new york. a reality/crime tv show entitled “evil lives here” aired an episode called “i invited him in” that featured the serial killer, mr. white. but—doh!--the show actual...
read moreApril 26, 2023
3rd dca, personal jurisdictionKilinsky v. Bank Leumi Le-Israel, Ltd.
If a defendant agrees to the jurisdiction of a foreign court but later challenges the enforceability of that foreign judgment in U.S. courts, the judgment will generally still be recognized if the defendant had agreed in advance to submit to that court's authority. However, if the defendant contested personal jurisdiction in the foreign court, they may avoid enforcement in the U.S. if they can prove that jurisdiction was indeed lacking, bearing the burden of proof when the judgment is otherwise final and enforceable.
read moreApril 5, 2023
no court, breach of fiduciary duty, exploitation of a vulnerable adult 415 111, negligence, personal jurisdiction, wrongful deathConcordia Lutheran Ministries v. Wills
The Second District Court of Appeal upheld the denial of a motion to dismiss for lack of personal jurisdiction by the Pennsylvania parent company of a Florida nursing home accused of negligence, breach of fiduciary duty, and exploitation. The court found specific jurisdiction due to allegations of aiding a breach of fiduciary duty by transferring funds from the Florida subsidiary to the parent, impacting care quality. The Pennsylvania company’s involvement in alleged tortious conduct in Florida satisfied due process requirements for personal jurisdiction.
read moreMarch 31, 2023
3rd dca, forum, personal jurisdictionB. Little & Company, Inc. v. Choi Wai Printing (Hong Kong) Limited
The Third DCA addressed a dispute between foreign corporations over a contract requiring arbitration in New York. B. Little waived its personal jurisdiction defense by seeking affirmative relief and filing an answer without raising the issue, leading to the denial of its motion to dismiss on that ground. However, the court reversed the denial of dismissal based on forum non conveniens, finding that the Kinney factors overwhelmingly supported transferring the case to New York.
read moreMarch 25, 2023
3rd dca, personal jurisdictionErnesto Suarez v. Roberto Guzman
Florida Third DCA reviewed a case where Suarez, a California resident, challenged Florida’s personal jurisdiction in a lawsuit by Guzman over a joint E-Trade account. The trial court denied Suarez's motion to dismiss without holding an evidentiary hearing on jurisdiction, asserting in rem jurisdiction over the account instead. On appeal, the DCA held that an evidentiary hearing on personal jurisdiction was necessary due to conflicting affidavits. The court remanded the case for further proceedings to resolve the personal jurisdiction issue. Full opinion available.
read moreMarch 15, 2023
3rd dca, 1983 excessive force, amendment of pleadings, business records, certificate of service, corporate representative, discovery sanctions violations, florida civil rights claim, hearsay, impact rule, medical malpractice presuit, negligence duty, personal jurisdiction, summary judgement standardWillis v. Accenture, Inc.
willis sued accenture under the florida civil rights act of 1992 (fcra) as codified in section 760.01, fla. stat. and for tortious interference with a business relationship.
read moreMarch 1, 2023
3rd dca, personal jurisdictionTeam Health Holdings, Inc. v. Caceres
ms. caceres sued several physicians and business entities for alleged medical malpractice resulting in permanent injuries during her 2010 hospitalization.
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