Other Jurisdiction

Manufacturer’s Substantial Business Supports Finding of Specific Jurisdiction

On March 25, 2021, the U.S. Supreme Court issued its decisions in Ford Motor Co. v. Montana Eight Judicial District Court et al., and Ford Motor Co. v. Bandemer. By way of brief background, in both cases, the states exercised jurisdiction over Ford in products-liability actions stemming from auto accidents. In both cases, the Ford involved in the accident was brought to the state via the...Read More

A Connecticut Auto Dealer in Pennsylvania’s Court: Personal Jurisdiction over the Internet (PA)

Does the Commonwealth of Pennsylvania have personal jurisdiction over an auto dealer in Connecticut? This was the question recently examined by the Lackawanna County Court of Common Pleas in D&S Auto Sales v. Commercial Sales & Marketing. The Defendant, a Ford dealership located in Mystic, Connecticut filed a preliminary objection to a claim of faulty service and repair of a vehicle...Read More

Motion to Transfer Venue for Forum Non-Conveniens Cited COVID-19 Concerns in Philadelphia County

The Philadelphia Court of Common Pleas recently granted a motion to transfer venue to York County, PA in the Arceo et. al. v. AMF Bakery Systems, et. al. lawsuit. The motion to transfer venue pursuant to the doctrine of forum non conveniens derives from rule Pa.R.C.P. 1006(d)(1), which states “or the convenience of parties and witnesses the court upon petition of any party may transfer an...Read More

Sometimes, De Minimus Contacts Equals Maximum Damage Award! (PA)

In a recent en banc opinion, the Pennsylvania Superior Court found that a couple should not be prevented from suing in their choice of venue even where only a small percentage of the defendant company’s $1.4 billion in revenue is derived there. In Hangey, et al. v. Husqvarna Professional Products, Inc., et al. plaintiffs, husband and wife, brought suit after Mr. Hangey fell off a Husqvarna...Read More

Prime Time To Sue Amazon

Amazon has traditionally been exempt from various states’ product liability laws by successfully arguing that Amazon is not a “seller” when it comes to products sold by third-parties through Amazon’s website. Previously, a California Appellate Court overturned a lower court and ruled that Amazon.com played a pivotal role in every step of a plaintiff’s purchase of a replacement laptop computer...Read More

Business Interruption Claims in the Covid-19 Era: The Trend Continues

Earlier this week, a federal judge in the U.S. District Court for the Southern District of Florida dismissed a lawsuit seeking coverage for losses associated with the COVID-19 pandemic. In El Novillo Restaurant, et al. v. Certain Underwriters at Lloyd’s, London, et al., the plaintiffs filed suit seeking coverage for business income losses due to Covid-19.  In response to the amended complaint,...Read More

North Carolina Superior Court First to Hold Covid Closure Equals Physical Loss

As the first wave of litigation over insurance company denials of business interruption coverage to restaurants and other businesses has begun to result in adjudicated decisions, those denials have been upheld, largely based upon a consistent interpretation that a mandated closure is not equivalent to an actual, direct physical loss or damage, as required to trigger coverage. However, in...Read More

Amazon Can Be Liable for Third-party Sellers’ Defective Products in California-Will Other States Follow? (NY)

Amazon has traditionally been exempt from various states’ product liability laws by successfully arguing that Amazon is not a “seller” when it comes to products sold by third-parties through Amazon’s website.  A California Appellate Court has overturned a lower court and ruled that Amazon.com played a pivotal role in every step of a plaintiff’s purchase of a...Read More

Calder Ruling Creates New Issues for Art Owners and Insurers (France)

A recent ruling from the Paris Court of Appeals highlights some of the peculiar risks related to purchasing (and insuring) art in international jurisdictions.  The renowned American sculptor Alexander Calder lived and worked for much of his life in Saché, France.  One of his works, the large stabile, Porc qui pique, 1963, was exhibited and photographed such that its creation and appearance are...Read More

Wife Brings Wrongful Death Action After Husband Contracts COVID-19

On April 14, 2020, Susan Dorety brought a wrongful death action against Princess Cruise Lines in the Northern District of California, alleging negligence and gross negligence. In her complaint, Dorety alleges that she and her husband boarded a Princess cruise liner on February 21, 2020 in San Francisco, California. Dorety alleges that the cruise ship departed despite the significant COVID-19...Read More