Tuesday, November 5, 2019

Dismissal for Lack of Personal Jurisdiction Over Foreign Corporation


In the case of Finarelli v. Monsanto, Co., No. 3:19-CV-178 (M.D. Pa. Sept. 19, 2019 Mariani, J.), the court granted a Motion to Dismiss on jurisdictional grounds under F.R.C.P. 12(b)(2) against one of the Defendants in this matter.    More specifically, the court ruled that the Plaintiff failed to establish personal jurisdiction over the Defendant, which was an advertising company.

The court rejected the argument that jurisdiction was established by the fact that the advertising company helped to plan a nationwide marketing plan. The court noted that this was not enough to create general jurisdiction everywhere in the country.

The court otherwise noted that a Defendant’s involvement in marketing does not create an exceptional case allowing for the exercise of general jurisdiction outside of the states where the Defendant is “at home.”

Judge Robert D. Mariani
M.D.Pa.
It was additionally held in this matter that interactive websites do not establish jurisdiction everywhere over a particular Defendant.

Judge Mariani's Opinion provides a thorough analysis of the current status of federal law on the issues of specific jurisdiction and general jurisdiction in federal court matters.

Anyone wishing to review a copy of this decision may click this LINK.  A copy of the Court's companion Order can be viewed HERE.

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

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