Purposeful availment exists when the actual content of communications with a forum gives rise to intentional tort causes of action.
A foreign attorney is sued in Texas for fraud, breach of contract, and breach of fiduciary duty after conducting business with a Texas corporation. The defendant argues he lacks minimum contacts with the forum. Although the parties' relationship began in Germany, the defendant directed numerous letters, faxes, and phone calls to Texas containing fraudulent misrepresentations and material omissions. Because the actual content of these communications gave rise to intentional tort causes of action, the defendant purposefully availed himself of the forum. The court holds that when communications with a forum give rise to intentional tort causes of action, this alone constitutes purposeful availment.
At page 215 Establishing minimum contacts and burden of proof for jurisdiction132 citing cases“once minimum contacts are established, the interests of the forum and the plaintiff justify even large burdens on the defendant.”
- Bishop v. SZ DJI Tech. Co., LTD., No. 4:24-cv-00268 (E.D. Tex. Mar. 6, 2025).([O]nce minimum contacts are established, the interests of the forum and the plaintiff justify even large burdens on the defendant.)
- Ancor Hold v. Landon Captl, 114 F.4th 382 (5th Cir. 2024).published(Once a plaintiff has established minimum contacts, the burden shifts to the defendant to show the assertion of jurisdiction would be unfair.)
- T. v. Golden Rule Ins. Co., No. 1:22-cv-00715 (W.D. Tex. Oct. 12, 2023).(Texas clearly has an interest because the dispute involves a corporation whose principal place of business is in Texas, and the corporation allegedly was defrauded)
- Greathouse v. Capital Plus Fin., LLC, 690 F. Supp. 3d 610 (N.D. Tex. 2023).published([O]nce minimum contacts are established, the interests of the forum and the plaintiff justify even large burdens on the defendant.)
- Commodity Futures Trading Comm'n v. Cartu, No. 1:20-cv-00908 (W.D. Tex. Aug. 15, 2023). See Wien Air Alaska, Inc. v. Brandt, 195 F.3d 208, 213 (5th Cir. 1999) (“When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes powerful availment.”). 2.
- Air Vent, Inc. v. Powermax Elec. Co., Ltd., 685 F. Supp. 3d 401 (N.D. Tex. 2023).published ([O]nce minimum contacts are established, the interests of the forum and the plaintiff justify even large burdens on the defendant.)
- Elevacity U.S., LLC v. Schweda, No. 4:22-cv-00042 (E.D. Tex. Aug. 26, 2022). ([O]nce minimum contacts are established, the interests of the forum and the plaintiff justify even large burdens on the defendant.)
- Sedillo v. Team Tech. Inc, No. 3:20-cv-01628 (N.D. Tex. Nov. 23, 2020). See Wien Air, 195 F.3d at 213 (“When the actual content of communications gives rise to intentional tort causes of action, this alone constitutes purposeful availment.”).
- Peppers Unlimited, Inc. v. Trujillo, No. 4:18-cv-01001 (N.D. Tex. Sept. 26, 2019). (Texas clearly has an interest because the dispute involves a corporation whose principal place of business is in Texas. . .)
- Gaten's Adventures Unlimited, LLC v. Joy Tours & Travel, LLC, No. 2:19-cv-01309 (E.D. La. Aug. 23, 2019).(Once a plaintiff has established minimum contacts, the burden shifts to the defendant to show that the assertion of jurisdiction would be unfair.)
Show 121 more citing cases
- SAPS, LLC v. EZCare Clinic, Inc., No. 2:19-cv-11229 (E.D. La. Aug. 20, 2019).([O]nce minimum contacts are established, the interests of the forum and the plaintiff justify even large burdens on the defendant.)
- Fintech Fund, FLP v. Horne, 327 F. Supp. 3d 1007 (S.D. Tex. 2018).published ([O]nce minimum contacts are established, the interests of the forum and the plaintiff justify even large burdens on the defendant.)
- North Texas Opportunity Fund L.P. v. Hammerman & Gainer Int'l, Inc., 107 F. Supp. 3d 620 (N.D. Tex. 2015).published (However, once minimum contacts are established, the interests of the forum and the plaintiff justify even large burdens on the defendant.)
- Last Shadow, LLC v. Wind River Aviation, LLC; Int'l Aircraft Mktg. & Sales LLC, No. 6:25-cv-00456 (W.D. Tex. Sept. 22, 2026).For non-dispositive matters, “[t]he district 13 Sangha v. Navig8 ShipManagement Private Ltd., 882 F.3d 96, 102 (5th Cir. 2018) (citation omitted) (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 477 (1985)). 14 ECF No. 15 at 12. 15 E…
- Columbia Hosp. at Med. City of Dallas Subsidiary, L.P. d/b/a Med. City Dallas & Columbia Med. Ctr. of Plano Subsidiary, L.P. d/b/a Med. City Plano v. California Physicians’ Serv. d/b/a Blue Shield of California & Keenan & Assocs., Inc., No. 4:24-cv-00924 (E.D. Tex. Aug. 14, 2026).Ltd., 882 F.3d 96, 102 (5th Cir. 2018). “[I]t is rare to say the assertion [of jurisdiction] is unfair after minimum contacts have been shown.” McFadin v. Gerber, 587 F.3d 753 , 759-60 (5th Cir. 2009) (internal quotation marks omitted) (qu…
- B&B Staffing Mgmt., LLC v. Integritus Healthcare, Inc., No. 1:25-cv-00258 (S.D. Miss. May 8, 2026). “Once a plaintiff has established minimum contacts, the burden shifts to the defendant to show the assertion of jurisdiction would be unfair”
- DeWitt, No. 4:25-cv-00560 (N.D. Tex. Jan. 5, 2026).“the burden on the defendant having to litigate in the forum; the forum state's interest in the lawsuit; the plaintiff's interests in convenient and effective relief; the judicial system's interest in efficient resolutio…”
- Hakim, No. 3:25-cv-00303 (W.D. La. Jan. 2, 2026). “It is rare to say the assertion [of jurisdiction] is unfair after minimum contacts have been shown”
- Woods, No. 2:25-cv-01254 (E.D. La. Nov. 21, 2025).However, “it is rare to say the assertion of jurisdiction is unfair after minimum contacts have been shown.” Id. (citing Wein Air Alaska, Inc. v. Brandt, 195 F.3d 208, 215 (5th Cir. 1999)).
- Princess Cruise Lines, Ltd. v. Walltopia Adventure USA, LLC, No. 4:24-cv-00745 (E.D. Tex. Sept. 18, 2025).“It is rare to say the assertion of jurisdiction is unfair after minimum contacts have been shown.” McFadin v. Gerber, 587 F.3d 753, 760 (5th Cir. 2009) (quoting Wien Air Alaska, Inc. v. Brandt, 195 F.3d 208, 215 (5th Cir. 1999)).
- Yarbrough v. Gen. B. Chance Saltzman, No. 4:25-cv-00990 (E.D. Tex. Sept. 9, 2025).Burger King, 471 U.S. at 477 . “[I]t is rare to say the assertion of jurisdiction is unfair after minimum contacts have been shown.” McFadin v. Gerber, 587 F.3d 753 , 759-60 (5th Cir. 2009) (quoting Wien Air Alaska, Inc. v. Brandt, 195 F.3…
- Yarbrough v. The United States Space Force, No. 4:23-cv-00876 (E.D. Tex. Sept. 9, 2025).Burger King, 471 U.S. at 477 . “[I]t is rare to say the assertion of jurisdiction is unfair after minimum contacts have been shown.” McFadin v. Gerber, 587 F.3d 753 , 759-60 (5th Cir. 2009) (quoting Wien Air Alaska, Inc. v. Brandt, 195 F.3…
- M.B. Barge Co. v. Braemar Shipbroking USA Inc., No. 2:25-cv-01434 (E.D. La. Sept. 3, 2025).However, “it is rare to say the assertion of jurisdiction is unfair after minimum contacts have been shown.” Id. (citing Wein Air Alaska, Inc. v. Brandt, 195 F.3d 208, 215 (5th Cir. 1999)).
- Fagan v. Nexo Capital, Inc., No. 4:24-cv-00466 (E.D. Tex. Aug. 25, 2025).“It is rare to say the assertion of jurisdiction is unfair after minimum contacts have been shown.” McFadin v. Gerber, 587 F.3d 753, 760 (5th Cir. 2009) (quoting Wien Air Alaska, Inc. v. Brandt, 195 F.3d 208, 215 (5th Cir. 1999)).
- Todd Enright v. Asclepius Panacea, LLC Asclepius Panacea GP, LLC Daily Pharmacy, LLC Daily Pharmacy GP, LLC & Toth Enter. II, P .A. D/B/A Victory Med. Ctr., No. 03-15-00348-CV (Tex. App.—Austin Aug. 24, 2015).published
- McFadin v. Gerber, 587 F.3d 753 (5th Cir. 2009).published
- Phillips v. ABB Combustion Eng'g, Inc., 953 F. Supp. 2d 693 (E.D. La. 2013).published
- Long v. Grafton Exec. Search, LLC, 263 F. Supp. 2d 1085 (N.D. Tex. 2003).published
- Fintech Fund, F.L.P. v. Ralph Horne, 836 F. App'x 215 (5th Cir. 2020).unpublished
- FUFC, LLC v. Excel Contractors, LLC, No. 3:18-cv-01095 (M.D. La. Mar. 24, 2020).
- US Fire Pump Co., LLC v. Alert Disaster Control (Middle East) Ltd., No. 3:19-cv-00335 (M.D. La. Jan. 28, 2021).
- Noonkester v. Elite Debt Brokers, LLC, No. 4:22-cv-00223 (N.D. Tex. Aug. 17, 2022).
- Thomas v. Life Protect 24/7, Inc., 559 F. Supp. 3d 554 (S.D. Tex. 2021).published
- Nuovo Pignone S P A v. Storman Asia MV, 310 F.3d 374 (5th Cir. 2002).published
- Cent. Freight Lines Inc. v. APA Transp. Corp., 322 F.3d 376 (5th Cir. 2003).published
- Strata Heights Intl v. Petroleo Brasileiro, No. 02-20645, 2003 WL 21145663 (5th Cir. Apr. 29, 2003).unpublished
- Strata Heights Intl v. Petroleo Brasileiro, No. 02-20767 (5th Cir. Apr. 29, 2003).unpublished
- Gen. Retail Servs., Inc. v. Wireless Toyz Franchise, LLC, 255 F. App'x 775 (5th Cir. 2007).unpublished
- Johnston v. Multidata Sys Intl, No. 07-41232 (5th Cir. May 2, 2008).published
- Mullins v. TestAmerica Inc, No. 08-11224 (5th Cir. Apr. 21, 2009).published
- FC Inv. Grp. LC v. IFX Markets, Ltd., 529 F.3d 1087 (D.C. Cir. 2008).published
- Mullins v. TestAmerica, Inc., 564 F.3d 386 (5th Cir. 2009).published
- Johnston v. Multidata Sys. Int'l Corp., 523 F.3d 602 (5th Cir. 2008).published
- Rural Media Grp., Inc. v. Performance One Media, LLC, 697 F. Supp. 2d 1097 (D. Neb. 2010).published
- BONVILLAIN v. Louisiana Land & Expl. Co., 702 F. Supp. 2d 667 (E.D. La. 2010).published
- Saudi v. S/t Marine Atl., 159 F. Supp. 2d 469 (S.D. Tex. 2000).published
- James v. Valvoline, Inc., 159 F. Supp. 2d 544 (S.D. Tex. 2001).published
- Internet Doorway, Inc. v. Parks, 138 F. Supp. 2d 773 (S.D. Miss. 2001).published
- Tempur-Pedic Int'l, Inc. v. Go Satellite Inc., 758 F. Supp. 2d 366 (N.D. Tex. 2010).published
- Pension Advisory Grp., Ltd. v. Country Life Ins. Co., 771 F. Supp. 2d 680 (S.D. Tex. 2011).published
- Am. Eyewear, Inc. v. Peeper's Sunglasses & Accessories, Inc., 106 F. Supp. 2d 895 (N.D. Tex. 2000).published
- Adams v. Unione Mediterranea Di Sicurta, 234 F. Supp. 2d 614 (E.D. La. 2002).published
- Jordan Dontos v. Vendomation NZ Ltd., et, 582 F. App'x 338 (5th Cir. 2014).unpublished
- Lilly Lea Perry v. Dieter Walter Neupert, No. CA 2017-0290-JTL, 2019 WL 719000 (Del. Ch. Feb. 15, 2019).published
- Bally Gaming, Inc. v. Caldwell, 12 F. Supp. 3d 907 (S.D. Miss. 2014).published
- Ronaldo Designer Jewelry, Inc. v. Anne Ryan, LLC, 74 F. Supp. 3d 783 (S.D. Miss. 2015).published
- Walker v. Williamson, 131 F. Supp. 3d 580 (S.D. Miss. 2015).published
- Dallas Texans Soccer Club v. Major League Soccer Players Union, 247 F. Supp. 3d 784 (E.D. Tex. 2017).published
- Van Rooyen v. Greystone Home Builders, LLC, 295 F. Supp. 3d 735 (N.D. Tex. 2018).published
- J.M. Huber Corp. v. Pan Am. Express, Inc., 118 F. Supp. 2d 764 (S.D. Tex. 2000).published
- First Inv. Corp. v. Fujian Mawei Shipbuilding, Ltd., 858 F. Supp. 2d 658 (E.D. La. 2012).published
- Unified Brands, Inc. v. Teders, 868 F. Supp. 2d 572 (S.D. Miss. 2012).published
- Thomas v. Skrip, 876 F. Supp. 2d 788 (S.D. Miss. 2012).published
- In re Chinese Manufactured Drywall Prods. Liab. Litig., 894 F. Supp. 2d 819 (E.D. La. 2012).published
- Innova Hosp. San Antonio, L.P. v. Blue Cross & Blue Shield of Georgia, Inc., 995 F. Supp. 2d 587 (N.D. Tex. 2014).published
- Azzaretto v. Harrington, No. 6:22-cv-01080 (D. Kan. Mar. 29, 2022).
- Design Precast & Pipe, Inc. v. Brown Indus. Constr., LLC, No. 2:23-cv-01135 (E.D. La. Mar. 31, 2023).
- US Fire Pump Co., LLC v. Alert Disaster Control (Middle East) Ltd., No. 3:19-cv-00335 (M.D. La. Apr. 2, 2020).
- Gruver v. State of Louisiana through the Bd. of Supervisors of Louisiana State Univ. & Agric. & Mech. Coll., No. 3:18-cv-00772 (M.D. La. July 28, 2021).
- Carbon Six Barrels, LLC v. Proof Rsch., Inc., No. 3:22-cv-00090 (M.D. La. Nov. 4, 2022).
- Joseph v. Atalco Gramercy, LLC, No. 3:23-cv-00505 (M.D. La. Mar. 22, 2024).
- K R C Custom Mfg. Inc v. Sales U S A Inc, No. 5:20-cv-00097 (W.D. La. Mar. 26, 2021).
- Pham v. Lewis, No. 3:21-cv-02042 (W.D. La. Mar. 2, 2022).
- Tactacell L L C v. Deer Mgmt. Sys. L L C, 620 F. Supp. 3d 524 (W.D. La. 2022).published
- Bjorklund v. Novo Nordisk A/S, No. 2:23-cv-01020 (W.D. La. Jan. 18, 2024).
- Jones v. Vidrios San Miquel S L, No. 3:23-cv-00370 (W.D. La. Mar. 21, 2024).
- Design Precast & Pipe, Inc. v. Brown Indus. Constr., LLC, 667 F. Supp. 3d 216 (S.D. Miss. 2023).published
- Boston v. Orthofix Med., Inc., No. 4:19-cv-00438 (E.D. Tex. Sept. 9, 2019).
- Domain Prot. LLC v. Sea Wasp LLC, No. 4:18-cv-00792 (E.D. Tex. Oct. 15, 2019).
- United My Funds, LLC v. Perera, No. 4:19-cv-00373, 2020 WL 674364 (E.D. Tex. Feb. 11, 2020).
- Traxxas, L.P. v. Skullduggery, Inc., No. 2:19-cv-00213 (E.D. Tex. Mar. 4, 2020).
- Largan Precision Co., Ltd. v. Ability Opto-Elec. Tech. Co., Ltd., No. 4:19-cv-00696, 2020 WL 569815 (E.D. Tex. Feb. 5, 2020).
- BioTE Med., LLC v. Jacobsen, No. 4:18-cv-00866 (E.D. Tex. June 1, 2020).
- Am. Patents LLC v. D-Link Corp., No. 4:19-cv-00764 (E.D. Tex. July 14, 2020).
- Scrum All., Inc. v. Scrum, Inc., No. 4:20-cv-00227, 2020 WL 4016110 (E.D. Tex. July 16, 2020).
- Lea v. McGue, No. 4:20-cv-00483 (E.D. Tex. Sept. 22, 2020).
- BioTE Med., LLC v. Jacobsen, No. 4:18-cv-00866 (E.D. Tex. Nov. 18, 2020).
- Teso LT, UAB v. Bright Data Ltd., No. 2:20-cv-00073 (E.D. Tex. Dec. 15, 2020).
- Safeco Ins. Co. of Indiana v. Nidec Motor Corp., No. 4:20-cv-00183 (E.D. Tex. Jan. 14, 2021).
- Duval v. DeMaster, No. 4:20-cv-00402 (E.D. Tex. Nov. 20, 2020).
- Thiam v. T-Mobile USA, Inc., No. 4:19-cv-00633, 2021 WL 1550814 (E.D. Tex. Apr. 20, 2021).
- CyrusOne LLC v. Hsieh, No. 4:21-cv-00263 (E.D. Tex. July 13, 2021).
- Provitas, LLC v. Quality Ingredients Corp., No. 4:21-cv-00196, 2021 WL 5907790 (E.D. Tex. Dec. 14, 2021).
- Cypers v. Bankcard Cent. LLC, No. 4:21-cv-00382 (E.D. Tex. Jan. 7, 2022).
- Nunes v. NBCUniversal Media, LLC, 582 F. Supp. 3d 387 (E.D. Tex. 2022).published
- AT&T Mobility LLC v. T-Mobile USA Inc, No. 4:22-cv-00760 (E.D. Tex. Jan. 13, 2023).
- Gadasalli v. Bulasa, No. 4:22-cv-00249 (E.D. Tex. May 22, 2023).
- Anderson v. Dominion Fin. Servs., LLC, No. 2:23-cv-00195 (E.D. Tex. Sept. 5, 2023).
- Lifetime Brands, Inc. v. QIMA Ltd., No. 2:23-cv-00216 (E.D. Tex. Mar. 1, 2024).
- Shippitsa Ltd. v. Slack, No. 3:18-cv-01036 (N.D. Tex. July 23, 2019).
- Texas Transland, LLC v. Davidon, Inc., No. 7:19-cv-00129 (N.D. Tex. Mar. 17, 2020).
- Gallagher v. Vokey, No. 3:19-cv-02196 (N.D. Tex. Sept. 1, 2020).
- RXDC LP v. PharmaStrategies LLC, No. 3:20-cv-01743 (N.D. Tex. July 7, 2021).
- Azzaretto v. Harrington, No. 4:22-cv-00121 (N.D. Tex. Mar. 29, 2022).
- A. M. v. Salesforce.com Inc, No. 3:21-cv-01668 (N.D. Tex. June 16, 2022).
- Nicholas Servs., LLC v. Glassdoor, Inc., No. 3:24-cv-05789 (N.D. Cal. Aug. 21, 2024).
- Nicholas Servs., LLC v. Glassdoor, Inc., 746 F. Supp. 3d 343 (N.D. Miss. 2024).published
- Palmer v. Rutherford, No. 4:23-cv-00095 (E.D. Tex. July 3, 2024).
- McGinnis v. Nationwide Life & Annuity Ins. Co, No. 3:21-cv-01988 (N.D. Tex. June 29, 2023).
- Boy Scouts of Am. v. Touch A Life Found. Inc, No. 3:22-cv-02763 (N.D. Tex. Feb. 2, 2024).
- WeInfuse LLC v. Endue Inc, No. 3:23-cv-02595 (N.D. Tex. July 24, 2024).
- Cambria Cnty. Employees Ret. Sys. v. In re Venator Materials PLC Sec. Litig., 532 F. Supp. 3d 440 (S.D. Tex. 2021).published
- Rosen v. Johnson & Johnson<b><font color=\red\"> Case transferred electronically to N. Dist. of Ohio.</font></b>", No. 4:21-cv-02734 (S.D. Tex. Dec. 8, 2021).
- Torson v. Hyundai Oilbank Co. Ltd., No. 4:21-cv-00778 (S.D. Tex. Jan. 7, 2022).
- Clingman & Hanger Mgmt. Assocs., LLC v. Rieck, No. 4:21-cv-02698 (S.D. Tex. June 13, 2022).
- Proof Analytics Americas, Inc. v. Netsmartz, LLC, No. 4:23-cv-04702 (S.D. Tex. Sept. 30, 2024).
- Chase v. Hodge, No. 1:20-cv-00175 (W.D. Tex. May 14, 2021).
- Yeti Coolers, LLC v. Mercatalyst, Inc., No. 1:22-cv-01337 (W.D. Tex. Dec. 1, 2023).
- Cormier v. Scribe Media, LLC, No. 1:23-cv-00647 (W.D. Tex. Oct. 24, 2024).
- SOUQUETTE v. Airbnb, Inc., No. 5:24-cv-00932 (W.D. Tex. Dec. 5, 2024).
- Methodist Healthcare Sys. of San Antonio, Ltd., L.L.P. v. Blue Shield of California, INC, No. 5:23-cv-01414 (W.D. Tex. Mar. 3, 2025).
- Patrick v. Makine, No. 4:24-cv-00154 (E.D. Tex. June 11, 2025).
- Coleman v. Farina, No. 2:25-cv-00044 (E.D. La. June 17, 2025).
- Salaiz v. Oscar Ins. Co. of Florida, No. 3:22-cv-00114 (W.D. Tex. June 25, 2025).
- Unnikrishnan v. IOT.nxt Americas USA, Inc., No. 4:22-cv-00870 (E.D. Tex. July 28, 2025).
- Thermco Sys. Ltd. v. Expert Semiconductor Tech., Inc., No. 4:24-cv-00621 (E.D. Tex. Aug. 12, 2025).
- Xlink Resource Grp., LLC v. Expo Petroleum Oil & Gas, LLC, No. 4:24-cv-00035 (E.D. Tex. Aug. 20, 2025).
- In Re Chinese Manufactured Drywall Prods. Liab., 767 F. Supp. 2d 649 (E.D. La. 2011).published
- Pate v. Am. Int'l Specialty Lines Ins., 767 F. Supp. 2d 649 (E.D. La. 2011).published
- Pierce v. Aircraft Fin. Corp., LLC, 512 F. Supp. 3d 753 (S.D. Tex. 2021).published
- Rutledge v. Case, No. 3:24-cv-00073 (N.D. Miss. Jan. 27, 2025).
At page 213 Determining purposeful availment through tort communications83 citing cases“when the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes purposeful availment.”
- D6 LLC v. Victal, No. 4:24-cv-00754 (E.D. Tex. Aug. 6, 2025).(When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes purposeful availment.)
- Apollo Holding Co., LLC v. Cliff Roe, No. 2:24-cv-02773, 2025 WL 1474738 (E.D. La. May 22, 2025).(When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes powerful availment.)
- Commodity Futures Trading Comm'n v. Cartu, No. 1:20-cv-00908 (W.D. Tex. Aug. 15, 2023). (When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes powerful availment.)
- Pepper v. Stress Free Health Options Inc, No. 4:22-cv-01251 (S.D. Tex. Aug. 23, 2022).(When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes purposeful availment.)
- Matrix Warranty Solutions Inc v. The Staunton Grp. LLC, No. 3:21-cv-03111 (N.D. Tex. June 2, 2022). See Walden, 571 U.S. at 290 (“[M]ere injury to a forum resident is not a sufficient connection to the forum.”) (citing Calder, 465 U.S. 483 ); see Wien Air, 195 F.3d at 212 (“Foreseeable injury alone is not sufficient to confer specific ju…
- Commodity Futures Trading Comm'n v. Cartu, No. 1:20-cv-00908 (W.D. Tex. May 23, 2022).(When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes purposeful availment.)
- Stone v. Nationwide Mut. Ins. Co., No. 1:21-cv-00960 (W.D. Tex. Mar. 1, 2022).(When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes purposeful availment.)
- Renfinity, Inc. v. Jones, No. 3:20-cv-00422, 2022 WL 332782 (W.D.N.C. Feb. 3, 2022).(When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes purposeful availment.)
- Talbot's Pharm. Fam. Prods. L L C v. Skanda Grp. Indus. L LC, No. 3:20-cv-00716 (W.D. La. Apr. 28, 2021).([w]hen the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes powerful availment.)
- Sedillo v. Team Tech. Inc, No. 3:20-cv-01628 (N.D. Tex. Nov. 23, 2020). (When the actual content of communications gives rise to intentional tort causes of action, this alone constitutes purposeful availment.)
Show 72 more citing cases
- ESPOT, Inc. v. MyVue Media, LLC, 492 F. Supp. 3d 672 (E.D. Tex. 2020).published(When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes purposeful availment.)
- Rogers v. Smith Volkswagen, Ltd., No. 2:19-cv-02567, 2020 WL 1676400 (E.D. Pa. Apr. 6, 2020).(When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes purposeful availment.)
- Nguyen v. Nguyen <b><font color="red">Case transferred to N. Dist. of Texas, Fort Worth Div..</font></b>, No. 4:19-cv-02229 (S.D. Tex. Feb. 12, 2020). (When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes purposeful availment.)
- Nguyen v. Nguyen, No. 4:20-cv-00120 (N.D. Tex. Feb. 12, 2020). (When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes purposeful availment.)
- Comunale v. Gemma, No. 1:18-cv-12104, 2020 WL 635554 (S.D.N.Y. Feb. 11, 2020).(Of course, when a lawyer chooses to represent a client in another forum, that in itself does not confer personal jurisdiction if the claim does not arise from the lawyer’s contacts with the forum.)
- Elizabeth Murphy Bunting v. Kyle Bunting Holdings, Inc., No. 03-18-00656-CV, 2019 WL 2622318 (Tex. App.—Austin June 27, 2019).published(When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes purposeful availment.)
- Fintech Fund, FLP v. Horne, 327 F. Supp. 3d 1007 (S.D. Tex. 2018).published Wien Air Alaska , 195 F.3d at 215 ("[O]nce minimum contacts are established, the interests of the forum and the plaintiff justify even large burdens on the defendant."). 2.
- North Texas Opportunity Fund L.P. v. Hammerman & Gainer Int'l, Inc., 107 F. Supp. 3d 620 (N.D. Tex. 2015).published See Brandt, 195 F.3d at 215 (“However, once minimum contacts are established, the interests of the forum and the plaintiff justify even large burdens on the defendant.”). .
- George Matassarin v. Denis Grosvenor, No. 14-50148 (5th Cir. Nov. 7, 2014).unpublished (When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes purposeful availment. The defendant is personally availing himself of ‘the privilege of cau…)
- Eagle Metal Prods., LLC v. Keymark Enter., LLC, 651 F. Supp. 2d 577 (N.D. Tex. 2009).published (When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes purposeful availment.)
- FCA Inv. Co v. Baycorp Holdings LTD, No. 01-20717 (5th Cir. Aug. 30, 2002).unpublished(When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes purposeful availment.)
- Charles Trois v. Apple Tree Auction Ctr., Inc, e, 882 F.3d 485 (5th Cir. 2018).published(When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes powerful availment.)
- Lewis v. Fresne, No. 99-20389 (5th Cir. May 29, 2001).published
- Michael P. Lewis v. David M. Fresne Lowell Farkas Robert A. Young Rosenfeld, Bernstein & Tannenhauser LLP Eric P. Rosenfeld, 252 F.3d 352 (5th Cir. 2001).published
- In Re Sterling Foster & Co., Inc. Sec. Lit., 222 F. Supp. 2d 289 (E.D.N.Y. 2002).published
- TIG Ins. Co. v. NAFCO Ins. Co., Ltd., 177 F. Supp. 2d 561 (N.D. Tex. 2001).published
- Hoffman v. Bailey, 996 F. Supp. 2d 477 (E.D. La. 2014).published
- Able Fund v. KPMG Accountants NV, 247 F. App'x 504 (5th Cir. 2007).unpublished
- HB Prods., Inc. v. Muhammad Faizan, 603 F. Supp. 3d 910 (D. Haw. 2022).published
- Smith-bishop v. Experian Info. Solutions, Inc., No. 2:24-cv-00408 (D.N.J. Feb. 27, 2025).unpublished
- Brown v. Slenker, 220 F.3d 411 (5th Cir. 2000).published
- Streber v. Hunter, 221 F.3d 701 (5th Cir. 2000).published
- Medina v. Medina, No. 00-60866 (5th Cir. May 29, 2001).unpublished
- John R. Neal & Lea A. Neal v. Sjef Janssen, 270 F.3d 328 (6th Cir. 2001).published
- Peredo v. M. Holland Co., 310 S.W.3d 468 (Tex. App.—Houston [14th Dist.] 2010).published
- Lans v. Adduci Mastriani & Schaumberg L.L.P., 786 F. Supp. 2d 240 (D.D.C. 2011).published
- Kim v. Veglas, 607 F. Supp. 2d 286 (D. Mass. 2009).published
- D.C. Micro Dev., Inc. v. Lange, 246 F. Supp. 2d 705 (W.D. Ky. 2003).published
- Barney F. Kogen & Co. v. Tred Avon Assocs. Ltd., 393 F. Supp. 2d 519 (S.D. Tex. 2005).published
- Smirch v. Allied Shipyard, Inc., 164 F. Supp. 2d 903 (S.D. Tex. 2001).published
- Morris Aviation, LLC v. Diamond Aircraft Indus., Inc., 730 F. Supp. 2d 683 (W.D. Ky. 2010).published
- Long v. Grafton Exec. Search, LLC, 263 F. Supp. 2d 1085 (N.D. Tex. 2003).published
- Aviva Life & Annuity Co. v. Goldstein, 722 F. Supp. 2d 1067 (S.D. Iowa 2010).published
- Morris v. BC Olympiakos, Sfp, 721 F. Supp. 2d 546 (S.D. Tex. 2010).published
- Jung v. Ass'n of Am. Med. Colleges, 300 F. Supp. 2d 119 (D.D.C. 2004).published
- Gonsalez Moreno v. Milk Train, Inc., 182 F. Supp. 2d 590 (W.D. Tex. 2002).published
- Lans v. Adduci, Mastriani & Schaumberg, LLP., No. 2002-2165 (D.D.C. May 23, 2011).published
- Parex Resources, Inc. & Ramshorn Int'l Ltd. v. ERG Resources, LLC, 427 S.W.3d 407 (Tex. App.—Houston [14th Dist.] 2014).published
- Jason R. Searcy, as Tr. of the Exempt Assets Trust v. Parex Resources, Inc., 496 S.W.3d 58 (Tex. 2016).published
- Khan v. Gramercy Advisors, LLC, 2016 IL App (4th) 150435, 61 N.E.3d 107.published
- Khan v. Gramercy Advisors, LLC, 2016 IL App (4th) 150435.published
- Jerri Jones v. Artists Rights Enf't, No. 19-30374 (5th Cir. Oct. 22, 2019).unpublished
- Gerald Libersat v. Sundance Energy Incorpor, 978 F.3d 315 (5th Cir. 2020).published
- Fintech Fund, F.L.P. v. Ralph Horne, 836 F. App'x 215 (5th Cir. 2020).unpublished
- Ford v. Mentor Worldwide, LLC, 2 F. Supp. 3d 898 (E.D. La. 2014).published
- Grice v. VIM Holdings Grp., LLC, 280 F. Supp. 3d 258 (D. Mass. 2017).published
- Warren Chen & Dynacolor, Inc. v. Razberi Tech., Inc., Thomas J. Galvin, Liveoak Ventures Partners 1A, L.P., Kenneth L. & Virginia T. Boyda, as Trs. of the Boyda Fam., No. 05-19-01551-CV (Tex. App.—Dallas Nov. 8, 2022).published
- Clemons v. WPRJ, LLC, 928 F. Supp. 2d 885 (S.D. Tex. 2013).published
- Klein Frank, P.C. v. Girards, 932 F. Supp. 2d 1203 (D. Colo. 2013).published
- Conrad Shipyard, LLC v. Franco Marine 1, LLC, No. 2:19-cv-10864 (E.D. La. Jan. 3, 2020).
- FUFC, LLC v. Excel Contractors, LLC, No. 3:18-cv-01095 (M.D. La. Mar. 24, 2020).
- US Fire Pump Co., LLC v. Alert Disaster Control (Middle East) Ltd., No. 3:19-cv-00335 (M.D. La. Jan. 28, 2021).
- Schaefer Sys. Int'l, Inc. v. Aloft Media, LLC, No. 3:22-cv-00513 (W.D.N.C. June 16, 2023).
- Sherman v. Biglari, No. 1:18-cv-02887 (N.D. Ohio June 4, 2020).
- McAfee, LLC v. Kinney, No. 4:19-cv-00463 (E.D. Tex. Aug. 29, 2019).
- McCormick v. ICE Enter., Inc., No. 4:22-cv-00878 (E.D. Tex. Aug. 14, 2023).
- Power Funding, Ltd. v. Chabad Lubavitch of Sunrise Inc., No. 6:23-cv-00398 (E.D. Tex. May 7, 2024).
- Andes Capital Fin. LLC v. Crossed Keys LLC, No. 3:20-cv-03027 (N.D. Tex. Aug. 6, 2021).
- Rigg v. Casey, No. 3:21-cv-00771 (N.D. Tex. Jan. 19, 2022).
- Ecigrusa LLC v. Silver State Trading LLC, No. 3:21-cv-01846, 2022 WL 1321573 (N.D. Tex. May 3, 2022).
- Noonkester v. Elite Debt Brokers, LLC, No. 4:22-cv-00223 (N.D. Tex. Aug. 17, 2022).
- Thomas v. Life Protect 24/7, Inc., 559 F. Supp. 3d 554 (S.D. Tex. 2021).published
- Ellison v. Daldalyan, No. 4:22-cv-02271 (S.D. Tex. Feb. 28, 2023).
- CSIdentity Corp. v. New Equity Prods., Inc., No. 1:18-cv-00870 (W.D. Tex. Aug. 15, 2019).
- Windecker v. Wei, No. 1:18-cv-00898 (W.D. Tex. Aug. 26, 2019).
- RapidDeploy, Inc. v. RapidSOS, Inc., No. 1:22-cv-00612 (W.D. Tex. Aug. 1, 2022).
- Cacho v. Am. Health Plans, LLC, No. 3:23-cv-00372 (W.D. Tex. June 24, 2024).
- Boyd v. Cleara, No. 24-10609 (5th Cir. July 24, 2025).unpublished
- Gasology, LLC v. Dinges, No. 4:25-cv-04529 (S.D. Tex. Sept. 23, 2025).
- Gasology, LLC v. Dinges, No. 2:25-cv-01328 (E.D. La. Sept. 23, 2025).
- Sutton v. Advanced Aquaculture Sys., Inc., 621 F. Supp. 2d 435 (W.D. Tex. 2007).published
- Fairchild v. Barot, 946 F. Supp. 2d 573 (N.D. Tex. 2013).published
At page 212 Analyzing specific jurisdiction based on purposeful contacts39 citing cases“foreseeable injury alone is not sufficient to confer specific jurisdiction, absent the direction of specific acts toward the forum.”
- Thornton v. AAA Colorado Inc, No. 3:23-cv-00043 (N.D. Tex. Aug. 8, 2023). (Foreseeable injury alone is not sufficient to confer specific jurisdiction, absent the direction of specific acts toward the forum.)
- Matrix Warranty Solutions Inc v. The Staunton Grp. LLC, No. 3:21-cv-03111 (N.D. Tex. June 2, 2022). (Foreseeable injury alone is not sufficient to confer specific jurisdiction, absent the direction of specific acts toward the forum.)
- Beneplace, Inc. v. DaVita, Inc., No. 1:21-cv-00070 (W.D. Tex. July 9, 2021).(Foreseeable injury alone is not sufficient to confer specific jurisdiction, absent the direction of specific acts toward the forum.)
- Pavlovich v. Superior Court, 58 P.3d 2 (Cal. 2002).published (Foreseeable injury alone is not sufficient to confer specific jurisdiction, absent the direction of specific acts toward the forum)
- United States v. Swiss Am. Bank, Ltd., 274 F.3d 610 (1st Cir. 2001).published (Foreseeable injury alone is not sufficient to confer specific jurisdiction, absent the direction of specific acts toward the forum.)
- M.B. Barge Co. v. Braemar Shipbroking USA Inc., No. 2:25-cv-01434 (E.D. La. Sept. 3, 2025).However, “it is rare to say the assertion of jurisdiction is unfair after minimum contacts have been shown.” Id. (citing Wein Air Alaska, Inc. v. Brandt, 195 F.3d 208, 215 (5th Cir. 1999)).
- Meadows v. Hartford Life Ins., 429 F. Supp. 2d 853 (S.D. Tex. 2006).published
- Todd Enright v. Asclepius Panacea, LLC Asclepius Panacea GP, LLC Daily Pharmacy, LLC Daily Pharmacy GP, LLC & Toth Enter. II, P .A. D/B/A Victory Med. Ctr., No. 03-15-00348-CV (Tex. App.—Austin Aug. 24, 2015).published
- Panda Brandywine Corp. v. Potomac Elec. Power Co., 253 F.3d 865 (5th Cir. 2001).published
- Delta Brands Inc v. Danieli Corp., 99 F. App'x 1 (5th Cir. 2004).unpublished
Show 28 more citing cases
- Brokerwood Prods. Int'l (U.S.), Inc. v. Cuisine Crotone, Inc., 104 F. App'x 376 (5th Cir. 2004).unpublished
- Fielding v. Hubert Burda Media, Inc., 415 F.3d 419 (5th Cir. 2005).published
- Able Fund v. KPMG Accountants NV, 247 F. App'x 504 (5th Cir. 2007).unpublished
- McFadin v. Gerber, 587 F.3d 753 (5th Cir. 2009).published
- Clemens v. McNamee, 615 F.3d 374 (5th Cir. 2010).published
- Shrader v. Biddinger, 633 F.3d 1235 (10th Cir. 2011).published
- Dole Food Co. v. Watts, 303 F.3d 1104 (9th Cir. 2002).published
- Walk Haydel & Assocs., Inc. v. Coastal Power Prod. Co., 517 F.3d 235 (5th Cir. 2008).published
- Hoffman v. L & M ARTS, 774 F. Supp. 2d 826 (N.D. Tex. 2011).published
- Duke Energy Int'l, L.L.C. v. Napoli, 748 F. Supp. 2d 656 (S.D. Tex. 2010).published
- Diebold Election Sys., Inc. v. AI Tech., Inc., 562 F. Supp. 2d 866 (E.D. Tex. 2008).published
- Casares v. Agri-Placements Int'l, Inc., 12 F. Supp. 3d 956 (S.D. Tex. 2014).published
- Phillips v. ABB Combustion Eng'g, Inc., 953 F. Supp. 2d 693 (E.D. La. 2013).published
- HB Prods., Inc. v. Muhammad Faizan, 603 F. Supp. 3d 910 (D. Haw. 2022).published
- Advanta-Star Auto. Rsch. Corp. of Am. v. Search Optics, LLC, No. 2:21-cv-01174 (E.D. La. Oct. 27, 2021).
- US Fire Pump Co., LLC v. Alert Disaster Control (Middle East) Ltd., No. 3:19-cv-00335 (M.D. La. Mar. 11, 2022).
- US Fire Pump Co., LLC v. Alert Disaster Control (Middle East) Ltd., No. 3:19-cv-00335 (M.D. La. June 15, 2022).
- Excentus Corp. v. Success Sys. Inc, No. 3:19-cv-00897, 2019 WL 6346476 (N.D. Tex. Nov. 26, 2019).
- Maiden Biosciences Inc v. MPM Med. Inc, No. 3:18-cv-01354 (N.D. Tex. Nov. 14, 2019).
- Energium Health v. Ali M Gabali, No. 3:21-cv-02951 (N.D. Tex. Nov. 9, 2022).
- Well Cell Global LLC v. Calvit, No. 4:22-cv-03062 (S.D. Tex. Jan. 12, 2023).
- Cap Barbell, Inc. v. HulkFit Prods., Inc., No. 4:22-cv-02371 (S.D. Tex. Feb. 27, 2023).
- Cap Barbell, Inc. v. HulkFit Prods., Inc., No. 4:22-cv-02371 (S.D. Tex. Aug. 7, 2023).
- Well Cell Global LLC v. Calvit, No. 4:22-cv-03062 (S.D. Tex. Feb. 21, 2024).
- Klinge v. KBL Assocs., LLC, No. 5:20-cv-00470, 2020 WL 3415877 (W.D. Tex. June 19, 2020).
- Block v. Barnes, No. 1:22-cv-00869 (W.D. Tex. Mar. 22, 2023).
- Block v. Barnes, No. 1:22-cv-00869 (W.D. Tex. Mar. 30, 2023).
- Smith-bishop v. Experian Info. Solutions, Inc., No. 2:24-cv-00408 (D.N.J. Feb. 27, 2025).unpublished
At page 211 Establishing minimum contacts for personal jurisdiction31 citing casesWhere facts are disputed, the plaintiff presenting a prima facie case is entitled to have the conflicts resolved in his favor.
- EL PASO WATER Utils. - Pub. Serv. Bd., for & on behalf of the City of El Paso, Texas, a Texas Mun. Corp. v. JAMES C. KENNEY, in his Off. capacity as Cabinet Sec'y of the NEW MEXICO Env't Dep't, 683 F. Supp. 3d 619 (W.D. Tex. 2023).published(Where facts are disputed, the plaintiff presenting a prima facie case is entitled to have the conflicts resolved in his favor.)
- Fintech Fund, FLP v. Horne, 327 F. Supp. 3d 1007 (S.D. Tex. 2018).published Wien Air Alaska , 195 F.3d at 215 ("[O]nce minimum contacts are established, the interests of the forum and the plaintiff justify even large burdens on the defendant."). 2.
- George Matassarin v. Denis Grosvenor, No. 14-50148 (5th Cir. Nov. 7, 2014).unpublished Lewis, 252 F.3d at 355-56 (internal quotation marks omitted); accord Wien Air, 195 F.3d at 213 (“When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes purposeful avai…
- Eagle Metal Prods., LLC v. Keymark Enter., LLC, 651 F. Supp. 2d 577 (N.D. Tex. 2009).published Wien Air Alaska, 195 F.3d at 213 (“When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes purposeful availment.”); see Stelax, 2004 WL 733844 , at *3-8 (exercising jur…
- McCaskey v. Cont'l Airlines, Inc., 133 F. Supp. 2d 514 (S.D. Tex. 2001).published ([A] single act ... directed toward Texas that gives rise to a cause of action ... can support a finding of minimum contacts.)
- Harrison, No. 1:25-cv-00355 (W.D. Tex. Oct. 6, 2025).Wein Air Alaska, Inc. v. Brandt, 195 F.3d 208, 211 (5th Cir. 1999).
- Ammann, No. 1:25-cv-00468 (W.D. Tex. Sept. 15, 2025).Tex. May 19, 2006) (citing Wien Air Alaska, Inc. v. Brandt, 195 F.3d 208, 211 (5th Cir. 1999)).
- Lewis v. Fresne, No. 99-20389 (5th Cir. May 29, 2001).published
- Helmer, John v. Doletskaya, Elena, 393 F.3d 201 (D.C. Cir. 2004).published
- Michael P. Lewis v. David M. Fresne Lowell Farkas Robert A. Young Rosenfeld, Bernstein & Tannenhauser LLP Eric P. Rosenfeld, 252 F.3d 352 (5th Cir. 2001).published
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- McRae's, Inc. v. Hussain, 105 F. Supp. 2d 594 (S.D. Miss. 2000).published
- In Re Sterling Foster & Co., Inc. Sec. Lit., 222 F. Supp. 2d 289 (E.D.N.Y. 2002).published
- Philip Morris USA Inc. v. Lee, 494 F. Supp. 2d 544 (W.D. Tex. 2007).published
- Kennedy Ship & Repair, L.P. v. Loc Tran, 256 F. Supp. 2d 678 (S.D. Tex. 2003).published
- Meadows v. Hartford Life Ins., 429 F. Supp. 2d 853 (S.D. Tex. 2006).published
- Loeffelbein v. Milberg Weiss Bershad Hynes & Lerach LLP, 106 P.3d 74 (Kan. Ct. App. 2005).published
- TIG Ins. Co. v. NAFCO Ins. Co., Ltd., 177 F. Supp. 2d 561 (N.D. Tex. 2001).published
- Todd Enright v. Asclepius Panacea, LLC Asclepius Panacea GP, LLC Daily Pharmacy, LLC Daily Pharmacy GP, LLC & Toth Enter. II, P .A. D/B/A Victory Med. Ctr., No. 03-15-00348-CV (Tex. App.—Austin Aug. 24, 2015).published
- Arora v. Buckhead Fam. Dentistry, Inc., 263 F. Supp. 3d 121 (D.D.C. 2017).published
- Allchem Performance Prods., Inc. v. Aqualine Warehouse, LLC, 878 F. Supp. 2d 779 (S.D. Tex. 2012).published
- Hoffman v. Bailey, 996 F. Supp. 2d 477 (E.D. La. 2014).published
- Hebert v. Cent. Intelligence Agency, No. 6:21-cv-00545 (W.D. La. Apr. 16, 2021).
- English Tea Shop USA Corp v. Hall, No. 3:20-cv-03453 (N.D. Tex. May 17, 2021).
- Rotstain v. Trustmark Nat'l Bank, No. 3:09-cv-02384 (N.D. Tex. Aug. 3, 2021).
- Am. Airlines, Inc. v. Red Ventures LLC, No. 4:22-cv-00044 (N.D. Tex. May 20, 2022).
- Exxon Mobil Corp. v. Arjuna Capital, LLC, 735 F. Supp. 3d 709 (N.D. Tex. 2024).published
- Vitoria Telecom, LLC v. MET One LLC, No. 1:20-cv-00279 (W.D. Tex. Dec. 22, 2020).
- Daughtry v. Silver Fern Chem., 138 F.4th 210 (5th Cir. 2025).published
v.
Gerald I. BRANDT, Defendant-Appellee
In this diversity case, we consider whether a foreign defendant’s contacts with Texas are sufficient to confer personal jurisdiction under the Due Process Clause. Because we find sufficient minimum contacts exist and the assertion of jurisdiction would not be unfair or unreasonable, we REVERSE the district court’s dismissal and REMAND for further proceedings consistent with this opinion.
I.
Wien Air Alaska, Inc. (Wien Air) is an Alaskan corporation based in Texas, whose sole shareholder is Thor Tjontveit. Gerald I. Brandt is a citizen of the Federal Republic of Germany who provided his services as an attorney for Wien Air from approximately August 1989 to April 1991. Brandt originally visited Texas in 1989 to help Tjontveit acquire Wien Air, then conducted most of his business with Wien Air through foreign meetings, correspondence and communications to Texas, and a final set of meetings in. Texas in April 1991.
Wien Air was in the business of leasing U.S. aircraft and planned to expand into Eastern Europe. Brandt helped Wien Air develop this plan. On September 29,1990, Wien Air authorized Brandt to form two German companies to maintain airport fa[*210] cilities in Germany. Late that year, Wien Air learned that Brandt’s law partner, Hu-bertos Kestler, represented another airline company, GAC Trans-Air Carrier Lease GmbH Flugzeugleasing (GAC) and its sole shareholder Stephan Grzimek. Kestler was developing a plan for GAC that competed with Wien Air’s plans.
Brandt told Wien Air that he represented only Wien Air’s interests and suggested that Wien Air might be able to purchase GAC because of GAC’s financial problems, provided Wien Air sold GAC some airplanes first. Tjontveit proposed to buy GAC and Brandt told Tjontveit on January 3, 1991 that GAC would accept Tjontveit’s offer if Tjontveit would pay $1.3 million earnest money to Brandt, toward the full price of 5 million deutsche marks (DM). Acceptances of this offer were exchanged during February and March 1991.
At the same time, Brandt arranged for Wien Air to purchase a 25% stake in Flug-service Berlin (FSB), a company owned by the former East German Airlines. On February 25, 1991, in Germany, a document was prepared, signed, and notarized, which supposedly created a new company, Neue Flugservice und Development Berlin GmbH (NFSB), as a holding company for the FSB purchase. Stock in NFSB was never turned over to Wien Air. Only in October of 1993 was it discovered by Ms. Long, an employee of Wien Air, that Brandt owned the FSB stock himself and had acquired the interest March 1, 1991.
Tjontveit met Brandt in Germany on March 11, 1991 to close Wien Air’s purchase of GAC and Wien Air’s sale of aircraft to GAC, but GAC stock was not delivered and the transaction did not close. Brandt’s law partner Kestler, however, allegedly withdrew DM 5 million from Wien Air’s bank in Germany that day without Tjontveit’s knowledge or permission, using a power of attorney given to Kestler by Wien Air at Brandt’s request.
Brandt prepared a new document, confirming the GAC deal, signed by GAC, notarized by Ms. Long, which set a new closing date for the sale: March 26, 1991. Later, Brandt would tell Wien Air that this document was unenforceable under German law because it was not notarized by a German notary. At that time, Brandt told Tjontveit to go to Iceland on March 25, 1991 to close the GAC transaction. Tjont-veit went there, but neither Brandt nor GAC appeared. Brandt called and said closing would occur instead in mid-April 1991. On March 28, 1991 and April 2, 1991, Brandt wrote Tjontveit in Texas promising that all transactions would be completed as intended.
On April 6, 1991, Tjontveit terminated Brandt’s services for himself and Wien Air, and on April 10, 1991, Tjontveit told Brandt that Wien Air had retained another lawyer as counsel and warned Brandt not to transfer or vote shares of FSB. Tjont-veit then asked Brandt to return Wien Air’s power of attorney and to take no further actions until instructed. Tjontveit stated, however, that he was not terminating Brandt as an attorney, but wanted to continue the relation once the GAC situation was resolved.
The GAC deal did not close on April 15, 1991. The next day, Brandt called Tjont-veit in Texas to again promise that the GAC deal would close. Brandt said he would come to Texas to close all outstanding matters on April 21 and 22, 1991.
Meetings in Texas on April 21 and 22 occurred with both Brandt and Tjontveit present. At these meetings, Brandt stated the following: (1) Brandt would complete the German registration process for the two Wien Air subsidiaries; (2) FSB stock belonged to Wien Air, but Brandt held it in trust for Wien Air; (3) Brandt would return all of Wien Air’s documents and all valuable personal property of Tjontveit; (4) Brandt would go back to Germany and determine the status of FSB and report back to Wien Air; and (5) Brandt was still acting as Wien Air’s attorney.
Brandt did not disclose that he had appropriated the interest in FSB to himself[*211] or explain what had happened to the DM 5 million Kestler had taken. Brandt then demanded DM 1.3 million for past services. Wien Air agreed to pay this based on the above promises and representations, signing a document in German allowing Brandt to withdraw the money from a Wien Air account in Germany.
Finally, on May 9, 1991, in New York, Brandt announced the GAC deal would not close and GAC stock would not be delivered. He explained that the document evidencing that deal was not binding because it had not been notarized by a German notary. Brandt said he did not represent Wien Air or Tjontveit, but only represented GAC.
Wien Air brought suit in Texas state court alleging fraud, fraudulent inducement, and breach of contract and fiduciary duties. The case was removed to federal court. Brandt sought dismissal asserting lack of personal jurisdiction and forum non conveniens. The district court did not hold an evidentiary hearing but based its decisions on the affidavits and pleadings of the parties. The court granted dismissal, holding that Wien Air was unable to make a prima facie showing that the defendant had the necessary minimum contacts with Texas to support specific jurisdiction. We REVERSE the dismissal because we find that the defendant’s contacts with Texas suffice to show the requisite minimum contacts and that the assertion would not be unfaii’ or unreasonable. The issue of forum non conveniens was not raised on appeal and we do not consider it.
II.
Wien Air seeks to establish jurisdiction over Brandt under the Texas long arm statute, which Texas construes to extend to the limits of due process. See Schlobohm v. Schapiro, 784 S.W.2d 355, 357 (Tex.1990); Wilson v. Belin, 20 F.3d 644, 647 (5th Cir.1994). Obtaining personal jurisdiction over a non-resident of a state is constitutionally permissible if the nonresident “purposefully availed himself of the benefits and protections” of Texas by establishing “minimum contacts” with Texas such that the defendant could “reasonably anticipate[ ] being haled into court in the forum state” and the exercise of jurisdiction does not offend “traditional notions of fair play and substantial justice.” Holt Oil & Gas Corp. v. Harvey, 801 F.2d 773, 777 (5th Cir.1986); Wilson, 20 F.3d at 647.
At issue is whether Brandt’s contacts with Texas are sufficient to support an assertion of personal jurisdiction. Because the district court did not hold an evidentiary hearing on the issue of jurisdiction, Wien Air need only establish a prima facie case. See Wilson, 20 F.3d at 648. Where the facts are not in dispute, the review of the district court’s determination of personal jurisdiction is de novo. Id. at 647-48. Where facts are disputed, the plaintiff presenting a prima facie case is entitled to have the conflicts resolved in his favor. See Bullion v. Gillespie, 895 F.2d 213, 216-17 (5th Cir.1990); Felch v. Transportes Lar-Mex SA De CV, 92 F.3d 320, 327 (5th Cir.1996). The district court concluded that while Brandt “had contact with Wien Air in Texas on several occasions, those contacts related to and developed out of an ongoing relationship between the parties established in Germany and do not establish that Brandt purposefully availed himself of the benefits and protections of Texas law.” Even if the parties formed their relationship in Germany, however, a single act by Brandt directed toward Texas that gives rise to a cause of action by Wien Air can support a finding of minimum contacts. See Calder v. Jones, 465 U.S. 783, 104 S.Ct. 1482, 79 L.Ed.2d 804 (1984); Ruston Gas Turbines, Inc. v. Donaldson Co., 9 F.3d 415, 419 (5th Cir.1993).
In Calder minimum contacts were found when a journalist wrote a defamatory article in Florida which he knew would affect the plaintiffs reputation in California. The Court specifically found that the de[*212] fendant had “expressly aimed” the tort at California. Id. at 789, 104 S.Ct. 1482. The defendants in Colder analogized themselves to a welder who works on a boiler in Florida which later explodes in California. The defendants argued that jurisdiction over the welder would not be proper (even if allowable over the manufacturer) because the welder did not control where the manufacturer sold the boiler and the welder “derive[d] no direct benefit” from such distant sales. Id. The Court rejected this analogy based on the fact that the defendants were charged with intentional, tor-tious conduct directed toward the forum state. In those circumstances, the defendants must “‘reasonably anticipate being haled into court there’ to answer for the truth of the statements made in their article.” Id. at 790, 789-90, 104 S.Ct. 1482.
This test applies outside the context of defamation, see Allred v. Moore & Peterson, 117 F.3d 278, 286-287 (5th Cir.1997), although it has been remarked that the effects of defamation are more obviously felt in a foreign forum than the effects of other intentional torts. Id. at 287 (citing Wallace v. Herron, 778 F.2d 391, 395 (7th Cir.1985)). The foreseeable effects of a tort “are to be assessed as part of the analysis of the defendant’s relevant contacts with the forum.” Id. (quoting Wallace, 778 F.2d at 395 (emphasis added)). Foreseeable injury alone is not sufficient to confer specific jurisdiction, absent the direction of specific acts toward the forum. See, e.g., Jobe v. ATR Marketing, Inc., 87 F.3d 751, 753-54 (5th Cir.1996); Southmark Corp. v. Life Investors, Inc., 851 F.2d 763 (5th Cir.1988).
According to the plaintiffs allegations, however, Brandt performed several tortious actions outside of Texas directed towards Wien Air in Texas. These actions had foreseeable effects in the forum and were directed at the forum. These contacts take the form of letters, faxes, and phone calls to Texas by Brandt whose contents contained fraudulent misrepresentations and promises and whose contents failed to disclose material information.
For example, Wien Air provides a sworn affidavit from its employee Ms. Long stating that numerous calls, letters and faxes were made by Brandt to Wien Air in Texas, and she avers that these calls contained the promises, assurances, and representations that are at the heart of the lawsuit. In her words, “Mr. Brandt told me by phone to Texas that the delivery of the GAC stock would occur on March 11, 1991.” She also stated that
[tjhere were several times between late 1990 and late 1991 when Mr. Brandt called me either at my home in Texas or at the office in Texas, regarding these transactions. He called many times between late February, 1991 through April, 1991 and reassured me that a deal had been consummated, that the GAC would be delivered to Wien Air, and that the aircraft purchases would all close.
Brandt also performed services through these communications. For example, Long states that Brandt sent by fax a copy of a Notary Act he prepared, notarized by Kestler, which supposedly “constituted acceptance of an offer Mr. Tjontveit had made to buy 100 percent of the GAC stock from Mr. Grzimek” according to Brandt.
Another example provided by Wien Air is a letter sent from Brandt to Texas, dated April 2, 1991, in which Brandt states, with respect to the GAC deal: “You know, I’m always helping you where I can. Also in this special matter, we will find a solution, which will satisfy you. This I promised you.” In another letter to Texas, dated March 28, 1991, Brandt states: “Mr. Grzimek couldn’t reach yoh by phone and so he beg[g]ed me to confirm, that all pending contracts between you and Wien Air Alaska and him and GAC are valid and will be fulfil[l]ed by him and GAC, when both parties fulfil[l] their obligations.”
Brandt disputes the number and content of the communications between Brandt and Wien Air in Texas. Brandt claims, for[*213] example, that there were few or no calls, and even if there were any, there is no evidence that their content related to or gave rise to any cause of action. At this stage, however, any conflict between the plaintiff and defendant with respect to the content and existence of these communications must be construed in favor of Wien Air. As such, the prima facie evidence indicates that Brandt directed affirmative misrepresentations and omissions to the plaintiff in Texas.
The defendant argues that communications directed into a forum standing alone are insufficient to support a finding of minimum contacts. See, e.g., Holt Oil & Gas Corp. v. Harvey, 801 F.2d 773, 778 (5th Cir.1986); Patterson v. Dietze, Inc., 764 F.2d 1145, 1147 (5th Cir.1985); Nationwide Mutual Ins. v. Tryg International Ins., 91 F.3d 790, 796 (6th Cir.1996); Reynolds v. International Amateur Athletic Fed., 23 F.3d 1110, 1116 (6th Cir.1994); FDIC v. Malmo, 939 F.2d 535 (8th Cir.1991); Austad Co. v. Pennie & Edmonds, 823 F.2d 223 (8th Cir.1987). Cf. Allred v. Moore & Peterson, 117 F.3d 278 (5th Cir.1997) (service of process on plaintiff in forum insufficient to support personal jurisdiction in abuse of prosecution claim).
In all of these cases, however, the communications with the forum did not actually give rise to a cause of action. Instead, the communications merely solicited business from the forum, negotiated a contract, formed an initial attorney-client relationship, or involved services not alleged to form the basis of the complaint. These cases are thus distinguishable from the present case. When the actual content of communications with a forum gives rise to intentional tort causes of action, this alone constitutes purposeful availment. The defendant is purposefully availing himself of “the privilege of causing a consequence” in Texas. Cf. Serras v. First Tennessee Bank National Ass’n., 875 F.2d 1212 (6th Cir.1989). It is of no use to say that the plaintiff “fortuitously” resided in Texas. See Holt Oil, 801 F.2d at 778. If this argument were valid in the tort context, the defendant could mail a bomb to a person in Texas but claim Texas had no jurisdiction because it was fortuitous that the victim’s zip code was in Texas. It may have been fortuitous, but the tortious nature of the directed activity constitutes purposeful availment.
Of course, when a lawyer chooses to represent a client in another forum, that in itself does not confer personal jurisdiction if the claim does not arise from the lawyer’s contacts with the forum. See Austad, 823 F.2d at 226. However, when the claim arises from a breach of fiduciary duty based on a failure to disclose material information, the fact that the lawyer continually communicated with the forum while steadfastly failing to disclose material information shows the purposeful direction of material omissions to the forum state. Cf. Diamond Mortgage Corp. v. Sugar, 913 F.2d 1233 (7th Cir.1990). In Diamond Mortgage, attorneys failed to disclose conflicts of interests at the time in which they rendered some of their services within the state of Illinois, which the Seventh Circuit found sufficient for “arising under” jurisdiction under a state long-arm statute. Id. at 1245-16. The court also found the assertion of jurisdiction was constitutional under the Due Process Clause. See id. at 1247. The services were performed not only by visits to the forum, but also by letters and phone calls. Furthermore, the court noted that “the precise number of physical visits to Illinois ... may be irrelevant,” because “ ‘it is an inescapable fact of modern commercial life that a substantial amount of business is transacted solely by mail and wire communications across state lines, thus obviating the need for physical presence within a State in which business is conducted.’ ” Id. (quoting Burger King, 471 U.S. at 476, 105 S.Ct. 2174) (emphasis added). Cf. Serras, 875 F.2d at 1218 (rejecting in dictum as “feeble” the defendant’s argument that “if it had a duty to disclose ..., that duty[*214] could have been performed anywhere so that any failure to perform shouldn’t be held to establish a Michigan contact,” at least when the plaintiff had also alleged affirmative acts of misrepresentation in Michigan).
In addition to the communications Brandt directed into Texas from outside of Texas, Brandt also visited Texas during 1989 at which time he allegedly gained from Tjontveit the confidential information he would later use against Wien Air. He also met with Wien Air during April of 1991. During the April meeting, Brandt allegedly made misrepresentations regarding his continuing legal representation of Wien Air. Brandt, however, claims he was no longer Wien Air’s attorney during this time period (and thus under no duties) because his services as company attorney were terminated on April 6,1991, as pleaded in Wien Air’s complaint.
Even if Brandt’s services were terminated on April 6, 1991, the evidence shows that on April 10, Tjontveit stated that he was not halting Brandt’s services except with respect to the GAC dispute. His letter to Brandt dated April 10 reads: “I want to make it clear that I am not discharging you as my attorney and I wish to continue our relationship as attorney and client.” It continues to say “[i]f we can settle the GAC dispute satisfactor[il]y to both of us it is my wish that I can revoke this letter and we can reestablish our relationship as we did before this dispute arose.”
Furthermore, at the April 22, 1991 meeting, Brandt demanded payment for past legal services for dates up to and including the meeting dates, indicating a continuing attorney relationship with Wien Air. Brandt also allegedly promised that he was still functioning as Wien Air’s attorney at that meeting in Texas and also promised to complete legal work for Wien Air that he supposedly had already started. This also indicates that an attorney client relationship continued to exist.
An attorney-client relationship can be limited without canceling it, and even a terminated relationship can be resumed. Construing the facts most favorably to the plaintiff, this is what appears to have occurred. Furthermore, by virtue of his alleged misrepresentations, Brandt induced the plaintiff to sign a document allowing Brandt to withdraw nearly $1 million from a trust account in Germany. Brandt also failed to disclose information regarding the GAC deal, insofar as Brandt allegedly no longer represented Wien Air’s interests.
According to the evidence, Wien Air relied to its detriment on such misrepresentations and omissions when it authorized Brandt to take even more of Wien Air’s money with the hope that finally the GAC deal would close. Brandt claims that no material fraud or misrepresentations could have occurred at the April, 1991 meetings in Texas because all relevant contracts had already been entered into. Thus, none of his representations could have been relied upon in relation to the contracts, since they already were formed.
This does little to combat the claims of breach of contract with respect to fiduciary duty, however. Furthermore, the evidence shows that the GAC deal had not closed as of April 22, 1991. Given Brandt’s assertion that the GAC contract was invalid, it does not behoove him to argue that it was already entered into. Construing the situation most favorably to the plaintiff, the parties appeared to have been continually modifying a deal whose terms had yet to become final until the April meetings. The fact that the defendant’s partner may have already converted the entire purchase price of DM 5 million does not mean that Wien Air did not detrimentally rely on the defendant’s representations in Texas in April: Wien Air authorized Brandt to receive an additional DM 1.3 million in order to close the GAC deal. Then, during the next month, Wien Air went to New York in hopes of closing this deal, only to be thwarted again. All of this shows detrimental reliance.
[*215] This case is most similar to Carteret Savings Bank, F.A. v. Shushan, 954 F.2d 141 (3rd Cir.1992). Carteret Savings concerned misrepresentation and breach of fiduciary duty claims. Minimum contacts were found when the defendant directed letters and phone calls to the forum and then went to the forum for a final meeting in which he failed to advise his client of material facts regarding conflicts of interest. Id. at 149. Similar to the present case, the meeting in Carteret Savings was a meeting regarding a business transaction prior to the closing of the deal. Id. at 146, 149. Not only did the court in Carteret Savings find minimum contacts, but the court also found it insignificant that the defendant might have come to the forum at the request of the plaintiff or that the defendant might not have initially solicited the plaintiffs business. Id. at 150. We likewise find irrelevant such allegations by the defendant. For all of these reasons, we find that Wien Air has established a prima facie case of minimum contacts over Brandt with respect to its claims for fraud, fraudulent inducement, breach of contract and breach of fiduciary duty.
Once a plaintiff has established minimum contacts, the burden shifts to the defendant to show the assertion of jurisdiction would be unfair. See Akro Corp. v. Luker, 45 F.3d 1541, 1547 (Fed.Cir.1995). To show that an exercise of jurisdiction is unreasonable once minimum contacts are established, the defendant must make a “compelling case” against it. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 477, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985). It is rare to say the assertion is unfair after minimum contacts have been shown. Akro, 45 F.3d at 1549. The standards to be used are the “traditional notions of fair play and substantial justice.” Felch, 92 F.3d at 323 (quoting Wilson 20 F.3d at 647; Asahi Metal Indus. Co. v. Superior Court, 480 U.S. 102, 113, 107 S.Ct. 1026, 94 L.Ed.2d 92 (1987)). The interests to balance in this determination are the burden on the defendant having to litigate in the forum; the forum state’s interests in the lawsuit; the plaintiffs interests in convenient and effective relief; the judicial system’s interest in efficient resolution of controversies; and the state’s shared interest in furthering fundamental social policies. See Ruston Gas Turbines, Inc. v. Donaldson Company, Inc., 9 F.3d 415, 421 (5th Cir.1993).
If a cause of action for fraud committed against a resident of the forum is directly related to the tortious activities that give rise to personal jurisdiction, an exercise of jurisdiction likely comports with the due process clause, given the obvious interests of the plaintiff and the forum state. See, e.g., D.J. Investments, Inc. v. Metzeler Motorcycle Tire Agent Gregg, Inc., 754 F.2d 542, 548 (5th Cir.1985).
Brandt claims the assertion would be unfair and unreasonable because he is a German citizen, most of the witnesses are in Germany, the courts in the U.S. would not be able to subpoena the German witnesses, German law applies to all of the issues, the judicial system’s interest in efficiency would dictate Germany should resolve this dispute, and Texas has no interest in the case. Wien Air’s prima facie evidence disputes many of these assertions, especially the issue of where most of the witnesses reside and whether they would be available to testify.
Admittedly, litigation in the U.S. would place a burden on the defendant. However, once minimum contacts are established, the interests of the forum and the plaintiff justify even large burdens on the defendant. See Asahi, 480 U.S. at 115, 107 S.Ct. 1026. Moreover, Texas clearly has an interest because the dispute involves a corporation whose principal place of business is in Texas, and the corporation allegedly was defrauded. This distinguishes Asahi, in which no California parties remained in the lawsuit by the time the issue of personal jurisdiction in California arose. See id. at 114, 107 S.Ct. 1026.
[*216] Resolving the conflicts in a light most favorable to the plaintiff, we find no overwhelming burden to the defendant that outweighs the legitimate interests of the plaintiff and the forum state. At most Brandt demonstrates an inconvenience which would be equally felt by forcing the plaintiff to litigate in Germany. For all of these reasons, we hold that the assertion of jurisdiction over the defendant is fair and reasonable.
REVERSED and REMANDED.