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Tag Archives: Personal Jurisdiction

Civil Practice – Personal Jurisdiction – Specific Jurisdiction – Contracts – Florida Hospitals – S.C. Vendor (access required)

Gentry Technology of S.C., Inc. v. Baptist Health South Florida, Inc. After requesting a bid from, negotiating with, and doing business with an S.C. company, a Florida hospital is subject to personal jurisdiction in this court. Defendant’s motions to dismiss for lack of personal jurisdiction and improper venue are denied. Defendant’s motion to transfer venue is also denied.

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Civil Practice – Personal Jurisdiction – Corporate – Parent & Subsidiary (access required)

Watters v. Kirk Defendant Portable Facilities Holding, Inc. is a Delaware corporation, and it has presented uncontroverted evidence that its only connection to this action is its role as a parent corporation, which included procuring insurance coverage for the defendant-subsidiary. Accordingly, the evidence does not support this court’s exercise of personal jurisdiction over Portable Facilities.

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Civil Practice – Personal Jurisdiction – Specific Jurisdiction – Stream-of-Commerce Plus Test – Aviation Manufacturer (access required)

Smith v. Teledyne Continental Motors, Inc. Defendant has extensive contacts with South Carolina related to the sale of its aviation engines. It does not violate defendant’s due process rights for this court to exercise specific personal jurisdiction over defendant. Defendant’s motion to dismiss for lack of personal jurisdiction is denied.

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Civil Practice – Personal Jurisdiction – Corporate Shareholders – Specific Jurisdiction – Decision-Making (access required)

Kidston v. Resources Planning Corp. Even though the out-of-state shareholder defendants maintain that they did not actively participate in the management of the defendant-company, make any decisions on behalf of the company, hire or fire employees, attend board meetings, serve on the board of directors, or otherwise have any role in the company’s management, plaintiff alleges that the shareholder defendants (1) acted as the sole shareholders of a corporate citizen of South Carolina; (2) directly participated...

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Civil Practice – Personal Jurisdiction – Medical Practice – N.C. Doctor – Hair Restoration Complications (access required)

Colson v. Samson Hair Restoration, LLC Even though the defendant-doctor was licensed to practice medicine in South Carolina and had privileges at an S.C. hospital, since the doctor never actually practiced medicine in South Carolina, and since he had no contacts with South Carolina except for treating S.C. patients in North Carolina, this court lacks personal jurisdiction over the doctor. The doctor’s motion to dismiss for lack of personal jurisdiction is granted.

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Civil Practice – Personal Jurisdiction – Jurisdictional Discovery – Motion to Amend (access required)

Sullivan v. Hawker Beechcraft Corp. Plaintiff failed to allege any facts to show respondents (1) have regular transactions of business or solicitation, (2) engage in a persistent course of conduct, (3) derive substantial revenue, or (4) consume goods or services rendered in South Carolina; thus, plaintiff failed to substantiate the trial court’s authority over respondents. The trial court correctly granted respondents’ Rule 12(b)(2), SCRCP, motion to dismiss.

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Civil Practice – Duplicative Lawsuits – First-Filed – Summons Without Complaint – Personal Jurisdiction – Labor & Employment – Attorneys (access required)

Seithel v. Feldman & Pinto, P.A. Even though plaintiff-attorney’s complaint in this action was filed before the defendant-law firm filed its complaint in Pennsylvania, the firm commenced the Pennsylvania action first by filing a summons without a complaint. Since the two lawsuits involve substantially the same parties and causes of action, they are duplicative. The Pennsylvania action has been removed to federal court there. The court grants the firm’s motion to transfer this case to federal court in Pennsylvania. The firm’s motion to dismiss is denied.

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Tort/Negligence – RICO Claim – Wire Fraud – Insufficient Pattern Showing – State-Law Claims – Civil Practice – Personal Jurisdiction (access required)

Green Ventures International, LLC v. Guttridge. Even though plaintiff alleged predicate acts of wire fraud, plaintiff failed to allege the continuity required to raise defendants' alleged conspiracy above garden-variety business fraud. Defendants' Fed. R. Civ. P. 12(b)(6) motion . . .

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