Tony B. Jobe v. Air New Orleans, Inc., 87 F.3d 751 (5th Cir. 1996). · Go Syfert
Tony B. Jobe v. Air New Orleans, Inc., 87 F.3d 751 (5th Cir. 1996). Cases Citing This Book View Copy Cite
148 citation events (105 in the last 25 years) across 18 distinct courts.
Strongest positive: Hills v. Penn Entertainment, Inc. (lamd, 2025-09-03)
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discussed Cited as authority (verbatim quote) Hills v. Penn Entertainment, Inc.
M.D. La. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
when a nonresident defendant moves to dismiss for lack of personal jurisdiction, the plaintiff bears the burden of establishing the district court's jurisdiction over the nonresident.
discussed Cited as authority (verbatim quote) In Re: Deepwater Horizon (2×) also: Cited "see"
5th Cir. · 2013 · quote attribution · 1 verbatim quote · confidence high
he conventional tort elements in a negligence action are duty, breach of duty, proximate causation and injury.
discussed Cited as authority (verbatim quote) In Re: Deepwater Horizon (2×) also: Cited "see"
5th Cir. · 2013 · quote attribution · 1 verbatim quote · confidence high
he conventional tort elements in a negligence action are duty, breach of duty, proximate causation and injury.
discussed Cited as authority (rule) Nouri Edward Hakim v. Alan A Cohen
W.D. La. · 2026 · confidence medium
Moreover, “[i]n determining whether personal jurisdiction exists, the trial court is not restricted to a review of the plaintiff’s pleadings.” Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753 (5th Cir. 1996).
discussed Cited as authority (rule) Heidi Wichterich, et al. v. Biote Corporation, et al.
E.D. La. · 2025 · confidence medium
Donovitz is a Texas domiciliary.31 Donovitz founded BioTE Medical on September 27, 2012,32 and remained in a leadership position with the LLC until June 2022.33 While working for BioTE Medical, Donovitz developed the “BioTE Method” of bioidentical hormone replacement therapy (“BHRT”), which involves the surgical implantation of pellets containing testosterone and estradiol into patients experiencing hormone imbalance.34 Donovitz was responsible either for training BioTE’s certified providers who operated in Louisiana or for developing 27 Id. (citing Data Disc, Inc. v. Systems Technol…
discussed Cited as authority (rule) Gasology, LLC v. Dinges
S.D. Tex. · 2025 · confidence medium
“When a nonresident defendant moves to dismiss for lack of personal jurisdiction, the plaintiff bears the burden of establishing the district court’s jurisdiction over the nonresident.” Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753 (5th Cir. 1996).
discussed Cited as authority (rule) Gasology, LLC v. Dinges
E.D. La. · 2025 · confidence medium
“When a nonresident defendant moves to dismiss for lack of personal jurisdiction, the plaintiff bears the burden of establishing the district court’s jurisdiction over the nonresident.” Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753 (5th Cir. 1996).
discussed Cited as authority (rule) Florence v. Jaguar Land Rover North America, LLC
N.D. Tex. · 2025 · confidence medium
“When a nonresident defendant moves to dismiss for lack of personal jurisdiction, the plaintiff bears the burden of establishing the district court’s jurisdiction over the nonresident.” Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753 (5th Cir. 1996).
discussed Cited as authority (rule) Doucet v. Abbott Laboratories, Inc.
E.D. La. · 2025 · confidence medium
“When a nonresident defendant moves to dismiss for lack of personal jurisdiction, the plaintiff bears the burden of establishing the district court’s jurisdiction over the nonresident.” Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753 (5th Cir. 1996).
cited Cited as authority (rule) Rutledge v. Case
N.D. Miss. · 2025 · confidence medium
ATR Mktg., Inc., 87 F.3d 751, 753 (5th Cir. 1996) (citation omitted).
cited Cited as authority (rule) SOUQUETTE v. Airbnb, Inc.
W.D. Tex. · 2024 · confidence medium
“In determining whether personal jurisdiction exists, the trial court is not restricted to a review of the plaintiff’s pleadings.” Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753 (5th Cir. 1996).
discussed Cited as authority (rule) Baldone v. Moore
E.D. La. · 2024 · confidence medium
LEGAL STANDARD A. Motion to Dismiss for Lack of Personal Jurisdiction “Where a defendant challenges personal jurisdiction, the party seeking to invoke the power of the court bears the burden of proving that jurisdiction exists.”1 When a court rules on a motion to dismiss for lack of personal jurisdiction without holding an evidentiary hearing, as in this case, the plaintiff need only make a prima facie showing of personal jurisdiction.2 “The allegations of the complaint, except insofar as controverted by opposing affidavits, must be taken as true, and all conflicts in the facts must be r…
cited Cited as authority (rule) Nicholas Services, LLC v. AeroElite Interiors Corp.
N.D. Miss. · 2024 · confidence medium
Code Ann. § 13-3-57 ; Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753 (Sth Cir. 1996) (citing Smith v. Temco, Inc., 252 So.2d 212 (Miss. 1971)).
cited Cited as authority (rule) Cormier v. Scribe Media, LLC
W.D. Tex. · 2024 · confidence medium
Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753-55 (5th Cir. 1996).
cited Cited as authority (rule) Mackey v. Airbnb, Inc.
S.D. Miss. · 2024 · confidence medium
Jobe v. ATR Marketing, Inc., 87 F.3d 751, 753 (5th Cir. 1996).
discussed Cited as authority (rule) Pace v. Cirrus Design Corp
5th Cir. · 2024 · confidence medium
Pace is seeking to extend the injury element of a tort into “its resultant consequences, such as pain and suffering, economic effects or other collateral consequences that often stem from the actual injury.” Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753 (5th Cir. 1996) (Jolly, J.).
discussed Cited as authority (rule) White v. Yax Ecommerce LLC
E.D. La. · 2023 · confidence medium
Int’l Corp., 523 F.3d 602, 609 (5th Cir. 2008)). the complaint as true and resolves conflicts in the plaintiff’s favor.24 The Court may consider affidavits, interrogatories, depositions, or any combination of the recognized methods of discovery.25 The Court may exercise personal jurisdiction over a nonresident defendant only if two requirements are satisfied: (1) the forum state’s long-arm statute confers personal jurisdiction; and (2) the exercise of jurisdiction does not exceed the boundaries of due process.26 Because the limits of Louisiana’s long- arm statute are co-extensive with …
discussed Cited as authority (rule) Hare v. Air Plains Services Corporation
E.D. La. · 2023 · confidence medium
Doc. 23-2. 19 See Luv N’ Care v. Insta-Mix, Inc., 483 F.3d 465, 469 (5th Cir. 2006). 20 Id. 21 Jobe v. ATR Mktg., Inc., 87 F.3d 751, 752 (5th Cir. 1996). 22 See Seiferth v. Helicópteros Atuneros, Inc., 472 F.3d 266, 270 (5th Cir. 2006). 23 See La.
discussed Cited as authority (rule) Hare v. Air Plains Services Corporation
E.D. La. · 2023 · confidence medium
Doc. 14-1, p. 5. 9 Id. 10 Id. 11 Id. 12 See Luv N’ Care v. Insta-Mix, Inc., 483 F.3d 465, 469 (5th Cir. 2006). resolved in the plaintiff’s favor.13 The Court is not restricted to pleadings, but may consider appropriate discovery such as affidavits, interrogatories, and depositions.14 Courts may exercise personal jurisdiction over nonresident defendants only if two requirements are met: (1) the forum state’s long-arm statute confers personal jurisdiction; and (2) the exercise of jurisdiction does not exceed the bounds of due process.15 Because the limits of Louisiana’s long-arm statute …
discussed Cited as authority (rule) Hare v. Air Plains Services Corporation
E.D. La. · 2023 · confidence medium
P. 12(f). 10 See Luv N’ Care v. Insta-Mix, Inc., 483 F.3d 465, 469 (5th Cir. 2006). 11 Id. 12 Jobe v. ATR Mktg., Inc., 87 F.3d 751, 752 (5th Cir. 1996). 13 See Seiferth v. Helicópteros Atuneros, Inc., 472 F.3d 266, 270 (5th Cir. 2006).
discussed Cited as authority (rule) Trax Records, LTD v. Sherman
E.D. La. · 2023 · confidence medium
The Phuture Trax Trademark has United States Patent and Trademark Office Registration Number 97669690 (formerly Registration Number 3590325). 4 Luv N’care, Ltd. v. Insta–Mix, Inc., 438 F.3d 465, 469 (5th Cir. 2006) (citing Wyatt v. Kaplan, 686 F.2d 276, 280 (5th Cir. 1982)). 5 Guidry v. U.S. Tobacco, Co., Inc., 188 F.3d 619, 625 (5th Cir. 1999). the facts must be resolved in favor of the plaintiff[] for purposes of determining whether a prima facie case for personal jurisdiction has been established.”6 “In determining whether personal jurisdiction exists, the trial court is not restric…
discussed Cited as authority (rule) Brown V. Tokpah
E.D. La. · 2022 · confidence medium
Id. at 10–19. 18 Doc. 62. 3 LEGAL STANDARD When a non-resident defendant challenges the court’s personal jurisdiction, “the party seeking to invoke the power of the court bears the burden of proving that jurisdiction exists.”19 When a court rules on a motion to dismiss for lack of personal jurisdiction without holding an evidentiary hearing, as in this case, the plaintiff need only make a prima facie showing of personal jurisdiction.20 “The allegations of the complaint, except insofar as controverted by opposing affidavits, must be taken as true, and all conflicts in the facts must b…
cited Cited as authority (rule) Reeves v. AV Nail Spa Ridgeland, Inc.
S.D. Miss. · 2022 · confidence medium
Miss. 2012) (quoting , 87 F.3d 751, 753 (5th Cir. 1996)).
cited Cited as authority (rule) The State of Mississippi, Ex Rel. Lynn Fitch Attorney General v. Eli Lilly and Company
S.D. Miss. · 2022 · confidence medium
Miss. 2012) (quoting , 87 F.3d 751, 753 (5th Cir. 1996)).
discussed Cited as authority (rule) St. Pierre v. UP Equip Inc
E.D. La. · 2022 · confidence medium
LEGAL STANDARD When a non-resident defendant challenges the court’s personal jurisdiction, “the party seeking to invoke the power of the court bears the burden of proving that jurisdiction exists.”1 When a court rules on a motion to dismiss for lack of personal jurisdiction without holding an evidentiary hearing, as in this case, the plaintiff need only make a prima facie showing of personal jurisdiction.2 “The allegations of the complaint, except insofar as controverted by opposing affidavits, must be taken as true, and all conflicts in the facts must be resolved in favor of the plain…
discussed Cited as authority (rule) Bowman v. R. L. Young, Inc.
E.D. La. · 2021 · confidence medium
La. 2018) (citing Luv N’ Care v. Insta-Mix, Inc., 438 F. 3d 465, 469 (5th Cir. 2006)). 16 Wilson v. Belin, 20 F.3d 644, 648 (5th Cir. 1994). 17 Jobe v. ATR Marketing, Inc., 87 F.3d 751, 752 (5th Cir. 1996). 18 Seiferth v. Helicopteros Atuneros, Inc., 472 F.3d 266, 270 (5th Cir. 2006). 19 Hebert, 337 F. Supp. 3d at 717-18 (internal citations omitted).
discussed Cited as authority (rule) Legendre v. Lamorak Insurance Company
E.D. La. · 2021 · confidence medium
Ultimately, “the plaintiff must establish jurisdiction by a preponderance of the evidence, either at a pretrial evidentiary hearing or at a trial.”20 A court may exercise specific jurisdiction over a non-resident defendant “in a suit arising out of or related to the defendant’s contacts with the forum.”21 Specific jurisdiction exists when a non-resident defendant “has ‘purposefully directed its activities at the forum state and the litigation results from alleged injuries that arise out of or relate to those activities.’”22 Specific jurisdiction 16 Luv N’ Care, Ltd. v. Inst…
discussed Cited as authority (rule) Technical Industries Inc v. S B International Inc
W.D. La. · 2021 · confidence medium
Luv N'care, Ltd. v. Insta—Mix, Inc., 438 F.3d 465, 469 (5th Cir. 2006). 2 Guidry v. U.S. Tobacco, Co., Inc., 188 F.3d 619, 625 (Sth Cir. 1999). 3 Thompson v. Chrysler Motors Corp., 755 F.2d 1162, 1165 (Sth Cir. 1985). 4 Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753 (Sth Cir. 1996). 5 Latshaw vy.
discussed Cited as authority (rule) Penny v. Penn National Gaming, Inc.
E.D. La. · 2020 · confidence medium
LEGAL STANDARD When a non-resident defendant challenges the court’s personal jurisdiction, “the party seeking to invoke the power of the court bears the burden of proving that jurisdiction exists.”2 When a court rules on a motion to dismiss for lack of personal jurisdiction without holding an evidentiary hearing, as in this case, the plaintiff need only make a prima facie showing of 2 Luv N’care, Ltd. v. Insta–Mix, Inc., 438 F.3d 465, 469 (5th Cir. 2006) (citing Wyatt v. Kaplan, 686 F.2d 276, 280 (5th Cir. 1982)). personal jurisdiction.3 “The allegations of the complaint, except in…
discussed Cited as authority (rule) Washington v. Mayweather
E.D. La. · 2020 · confidence medium
(Bd. of Trs. for State Colls. and Univs.), 757 F.2d 698, 709 (5th Cir. 1985). 3 Luv N’ care, Ltd. v. Insta-Mix, Inc., 438 F.3d 465, 469 (5th Cir. 2006) (citing Wyatt v. Kaplan, 686 F.2d 276, 280 (5th Cir. 1982)). 4 Guidry v. U.S. Tobacco, Co., Inc., 188 F.3d 619, 625 (5th Cir. 1999). 5 Thompson v. Chrysler Motors Corp., 755 F.2d 1162, 1165 (5th Cir. 1985) (citing DeMelo v. Toche Marine, Inc., 711 F.2d 1260, 1270 (5th Cir. 1983)). 6 Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753 (5th Cir. 1996). 2 matters outside the complaint, including affidavits, interrogatories, depositions, or any combination…
discussed Cited as authority (rule) All Star Electric, Inc. v. Eagle Scaffolding and Equipment Company, Inc.
E.D. La. · 2020 · confidence medium
La. 2018) (citing Luv N’ Care v. Insta-Mix, Inc., 438 F. 3d 465, 469 (5th Cir. 2006)). 22 Wilson v. Belin, 20 F.3d 644, 648 (5th Cir. 1994). 23 Jobe v. ATR Marketing, Inc., 87 F.3d 751, 752 (5th Cir. 1996). 24 Seiferth v. Helicopteros Atuneros, Inc., 472 F.3d 266, 270 (5th Cir. 2006). 25 Hebert, 337 F. Supp. 3d at 717-18 (internal citations omitted). 26 Id. held that a “State may authorize its courts to exercise personal jurisdiction over an out-of-state defendant if the defendant has certain minimum contacts with [the State] such that the maintenance of the suit does not offend traditiona…
discussed Cited as authority (rule) AR Factoring, LLC v. Commonwealth Applied Silica Technologies, LLC
E.D. La. · 2020 · confidence medium
Doc. 8-2. 15 See Luv N' Care v. Insta-Mix, Inc., 438 F.3d 465, 469 (5th Cir. 2006). 16 Id. 17 See Jobe v. ATR Mktg., Inc., 87 F.3d 751, 752 (5th Cir. 1996). 18 See Seiferth v. Helicópteros Atuneros, Inc., 472 F.3d 266, 270 (5th Cir. 2006). 19 See La.
discussed Cited as authority (rule) Maiden Biosciences Inc v. MPM Medical Inc
N.D. Tex. · 2019 · confidence medium
But to the extent that “foreseeable effects of a tort” are alleged as a basis for personal jurisdiction, they “are to be assessed as part of the analysis of the defendant’s relevant contacts with the forum” and are alone “not sufficient to confer specific jurisdiction, absent the direction of specific acts toward the forum.” Wien Air Alaska, Inc. v. Brandt, 195 F.3d 208, 212 (5th Cir. 1999) (citing Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753-54 (5th Cir. 1996)).
cited Cited as authority (rule) Wise v. Wal-Mart Stores East, LP
N.D. Miss. · 2019 · confidence medium
“In a federal diversity suit, the reach of federal [personal] jurisdiction over nonresident defendants is measured by a two-step inquiry.” Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753 (5th Cir. 1996).
discussed Cited as authority (rule) Roussell v. PBF Consultants, LLC
M.D. La. · 2019 · confidence medium
Here, Plaintiff has made no argument that Clean Harbors’ contacts with Louisiana are so extensive as to fall into this “exceptional” category of cases. determine the existence of jurisdiction by considering “affidavits, interrogatories, depositions, oral testimony, or any combination of the recognized methods of discvoery.” Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753 (5th Cir. 1996).
cited Cited as authority (rule) Benson v. Rosenthal
E.D. La. · 2015 · confidence medium
Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753 (5th Cir.1996). .
discussed Cited as authority (rule) Smith v. Antler Insanity, LLC
S.D. Miss. · 2014 · confidence medium
And the “consequences stemming from the actual tort injury do not confer personal jurisdiction at the site or sites where such consequences happen to occur.” Jobe v. ATR Marketing, Inc., 87 F.3d 751, 753 (5th Cir.1996).
examined Cited as authority (rule) Tatung Co. v. Shu Tze Hsu (4×) also: Cited "see"
C.D. Cal. · 2014 · confidence medium
Movants also argue, citing Jobe v. ATR Marketing, Inc., 87 F.3d 751, 754 (5th Cir.1996), that the harms caused in California are merely “collateral consequences” stemming from the actual injury.
discussed Cited as authority (rule) Bally Gaming, Inc. v. Caldwell
S.D. Miss. · 2014 · confidence medium
As for the tort prong, the Mississippi Supreme Court has noted that this provision “contains no requirement that the part of the tort which causes the injury be committed in Mississippi.” Sorrells v. R & R Custom Coach Works, Inc., 636 So.2d 668, 672 (Miss.1994). “[Personal jurisdiction over a defendant who allegedly committed a tort is proper if any of the elements of the tort — or any part of an element — takes place in Mississippi.” Jobe v. ATR Marketing, Inc., 87 F.3d 751, 753 (5th Cir.1996).
discussed Cited as authority (rule) Lake Eugenie Land & Development, Inc. v. BP Exploration & Production, Inc. (2×) also: Cited "see"
5th Cir. · 2013 · confidence medium
See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992) (noting that an injury is a required element of constitutional standing); Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753 (5th Cir.1996) (“[T]he conventional tort elements in a negligence action are duty, breach of duty, proximate causation and injury.”).
discussed Cited as authority (rule) Corr Wireless Communications, L.L.C. v. AT & T, Inc.
N.D. Miss. · 2012 · confidence medium
“In determining where the injury occurred for jurisdictional purposes, actual injury must be distinguished from its resultant consequences, such as pain and suffering, economic effects or other collateral consequences that often stem from the actual injury.” Jobe v. ATR Mktg., 87 F.3d 751, 753 (5th Cir.1996); see also Vig v. Indianapolis Life Ins.
discussed Cited as authority (rule) Unified Brands, Inc. v. Teders
S.D. Miss. · 2012 · confidence medium
“When a nonresident defendant moves to dismiss for lack of personal jurisdiction, the plaintiff bears the burden of establishing the district court’s jurisdiction over the nonresident.” Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753 (5th Cir.1996).
cited Cited as authority (rule) Clemens v. McNamee
S.D. Tex. · 2009 · confidence medium
Jobe v. ATR Marketing, Inc., 87 F.3d 751, 753 (5th Cir.1996). 3 .
discussed Cited as authority (rule) Koegel v. BAUGUR GROUP, HF
5th Cir. · 2007 · confidence medium
In determining the site of an injury for jurisdictional purposes, we distinguish the actual injury from “its resultant consequences, such as ... economic effects or other collateral consequences that often stem from the actual injury.” Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753 (5th Cir.1996) (interpreting Mississippi law).
discussed Cited as authority (rule) Vig v. Indianapolis Life Insurance
S.D. Miss. · 2005 · confidence medium
See Allred, 117 F.3d at 282; Jobe, 87 F.3d at 753 (distinguishing actual injury from collateral consequences such as pain and suffering and economic effects).
cited Cited as authority (rule) Tellus Operating Group, L.L.C. v. R & D Pipe Co.
S.D. Miss. · 2005 · confidence medium
Jobe v. ATR Marketing, Inc., 87 F.3d 751, 758 (5th Cir.1987).
discussed Cited as authority (rule) Bryant v. Salvi
5th Cir. · 2005 · confidence medium
See Allred, 117 F.3d at 282 ; Jobe, 87 F.3d at 753 (distinguishing actual injury from collateral consequences such as pain and suffering and economic effects). *282 Although the consequences in this case may have reached to Mississippi, the alleged injury occurred in Illinois.
cited Cited as authority (rule) Paz v. Brush Engineered Materials, Inc.
S.D. Miss. · 2005 · confidence medium
Code Ann. § 13-3-57 ; Jobe v. ATR Mar *584 keting, Inc. 87 F.3d 751, 753 (5th Cir. 1996).
cited Cited as authority (rule) Walker v. World Insurance
S.D. Miss. · 2003 · confidence medium
Id. at 753 (emphasis added) (citations omitted).
cited Cited as authority (rule) Continental Casualty Co. v. Southern Co.
N.D. Ill. · 2003 · confidence medium
Miller, Federal Practice and Procedure § 1067.6 (3d ed.2002); Jobe v. ATR Mktg., Inc., 87 F.3d 751, 753 (5th Cir.1996). 5 .
Retrieving the full opinion text from the archive…
Tony B. Jobe
v.
Air New Orleans, Inc.
95-60332.
Court of Appeals for the Fifth Circuit.
Jul 11, 1996.
87 F.3d 751
Jolly, Duhé, Stewart.
Published
E. GRADY JOLLY, Circuit Judge:

The question before us on appeal is whether the district court erred in dismissing this diversity case for lack of personal jurisdiction under Mississippi’s long-arm statute. Finding no error, we affirm.

I

Tony B. Jobe, former president and assignee in bankruptcy of Air New Orleans, Inc. (“ANO”), a now defunct commuter airline, brought this breach of contract and tort action in the United States District Court for the Southern District of Mississippi on behalf of ANO’s bankrupt estate. Jobe sued a group of ANO’s former business collaborators, all of whom are nonresidents of the state of Mississippi. The defendant group includes: ATR Marketing, Inc. (“ATR”), a District of Columbia corporation; Aerospatiale, S.N.I., a French corporation; Aerospatiale, Inc., a New York corporation; Finmeccanica, S.p.A., an Italian corporation; and Avions de Transport Regional (G.I.E.), a group organized under the laws of France. Jobe, a Louisiana resident, alleges in his amended complaint that the defendants intentionally negotiated in bad faith to sell six commuter airplanes to ANO. Instead of consummating the sale with ANO, Jobe contends that the defendants breached their agreement with ANO and sold a fleet of approximately fifty aircraft to Continental Airlines. In addition, Jobe alleges that ANO relied to its detriment on the defendants’ false representations, that the defendants disclosed confidential information to Continental Airlines, and that the defendants’ tortious conduct led to ANO’s financial demise. In January 1988, ANO filed for bankruptcy protection in the United States Bankruptcy Court for the Eastern District of Louisiana. Months after filing its bankruptcy petition, ANO began renting operations and maintenance facilities at the Gulfport, Mississippi airport in May 1988. According to Jobe’s sworn affidavit, all of ANO’s postpetition operations, including its business in Mississippi, ceased by June 1988. ANO’s estate is currently involved in Chapter 7 bankruptcy proceedings.

After Jobe filed this action in Mississippi, the district court ordered that discovery should be limited to the jurisdictional issue and subsequently dismissed Jobe’s complaint for lack of personal jurisdiction. The district court found that Jobe was not a Mississippi resident, that the alleged torts did not take place in whole or in part in Mississippi and that no part of Mississippi’s long-arm statute [1] could be construed to confer jurisdiction over the nonresident defendants.

[*753] On appeal, Jobe relies solely on the “tort-prong” of Mississippi’s long-arm statute to support his contention that personal jurisdiction over these defendants is proper. The statute’s tort-prong provides for personal jurisdiction over any nonresident who commits a tort in whole or in part within the state of Mississippi against a resident or nonresident of the state. Miss.Code Ann. § 13-3-57 (Supp.1995).

II

We review de novo a dismissal for lack of personal jurisdiction pursuant to Fed. R.Civ.P. 12(b)(2). Kevlin Servs., Inc. v. Lexington State Bank, 46 F.3d 13, 14 (5th Cir.1995). When a nonresident defendant moves to dismiss for lack of personal jurisdiction, the plaintiff bears the burden of establishing the district court’s jurisdiction over the nonresident. Wilson v. Belin, 20 F.3d 644, 648 (5th Cir.1994). In determining whether personal jurisdiction exists, the trial court is not restricted to a review of the plaintiffs pleadings. It may, as the district court did in this case, determine the jurisdictional issue by receiving affidavits, interrogatories, depositions, oral testimony, or any combination of the recognized methods of discovery. Colwell Realty Investments v. Triple T. Inns of Arizona, 785 F.2d 1330 (5th Cir.1986).

In a federal diversity suit, the reach of federal jurisdiction over nonresident defendants is measured by a two-step inquiry. Smith v. DeWalt Products Corp., 743 F.2d 277, 278 (1984). First, the law of the forum state must provide for the assertion of such jurisdiction; and, second, the exercise of jurisdiction under state law must comport with the dictates of the Fourteenth Amendment Due Process Clause. Id. However, if Mississippi law does not provide for the assertion of personal jurisdiction over the defendants, it follows that we need not consider the due process issue. Id.; Cycles, Ltd. v. W.J. Digby, Inc., 889 F.2d 612, 616 (5th Cir.1989).

In construing the tort-prong of Mississippi’s long-arm statute, the Mississippi Supreme Court has held that personal jurisdiction over a defendant who allegedly committed a tort is proper if any of the elements of the tort — or any part of an element — takes place in Mississippi. Smith v. Temco, Inc., 252 So.2d 212 (Miss.1971). Although the specific elements of a particular tort will vary, the conventional tort elements in a negligence action are duty, breach of duty, proximate causation and injury. [2] Palmer v. Anderson Infirmary Benevolent Ass’n., 656 So.2d 790, 794 (Miss.1995). A tort is complete when, and personal jurisdiction lies where, the actual injury occurs. Smith v. Temco, 252 So.2d at 216; see also Rittenhouse v. Mabry, 832 F.2d 1380, 1384 (5th Cir.1987). In determining where the injury occurred for jurisdictional purposes, actual injury must be distinguished from its resultant consequences, such as pain and suffering, economic effects or other collateral consequences that often stem from the actual injury. Recognizing that such collateral consequences may be far-reaching (particularly in a commercial tort situation such as the one before us), our precedent holds that consequences stemming from the actual tort injury do not confer personal jurisdiction at the site or sites where such consequences happen to occur. [3] Cycles, 889 F.2d at 619 (tort of eon-[*754] version did not take place in whole or in part in Mississippi, even though the plaintiff may have suffered economic consequences in Mississippi); Rittenhouse, 832 F.2d at 1384 (plaintiffs continuing pain and discomfort suffered in Mississippi following her return to the state did not qualify as a tortious occurrence in Mississippi); Estate of Portnoy v. Cessna Aircraft Co., 730 F.2d 286, 290 (5th Cir.1984) (in construing Mississippi’s long-arm statute, court held that a tort occurs when and where the actual injury or accident takes place, but does not occur at the site of the economic consequences of that injury); see also Prejean v. Sonatrach, Inc., 652 F.2d 1260, 1270 (5th Cir.1981).

Ill

Focusing on the site of ANO’s alleged injuries and damages, [4] Jobe argues that the nonresident defendants in this case are subject to long-arm jurisdiction because they committed torts, at least in part, within the state of Mississippi. Jobe claims that the defendants were responsible for the following tortious conduct, which resulted in damages being suffered in Mississippi: detrimental reliance, disclosure of confidential information in breach of an agreement, breach of the covenant of good faith and fair dealing, breach of fiduciary duty, tortious interference with business relations or prospective business relations, unfair competition, gross negligence, breach of contract and conspiracy to defraud. Because ANO lost business, revenues, goodwill and the ability to grow and prosper within Mississippi, Jobe maintains that ANO was injured in Mississippi, thereby subjecting the defendants to the jurisdiction of the district court. Additionally, Jobe argues that the injury element occurred in the state because Mississippi travelers were denied the benefits of ANO’s flights, and because a large number of ANO’s employees, who were residents of Mississippi, lost their jobs.

Based on our review of the record and the briefs, and our consideration of the presentations at oral argument, it is clear to us that the “injuries” alleged to have occurred in Mississippi are nothing more than the economic consequences and other miscellaneous fallout that can be expected to trail in the wake of a failed airline or other business. Jobe concedes in his brief that no personal jurisdiction exists if the injury alleged is only a collateral consequence of extra-state activity. This, however, is precisely the factual situation reflected in the record before us. Jobe’s pleadings and the statements made in his sworn affidavit establish that the actual injury (if any) suffered by ANO was an aborted business deal. This injury occurred and was completed outside of Mississippi in 1987 when defendant ATR sold a fleet of approximately fifty-five aircraft to Continental with the alleged intent of breaching its agreement for the sale of six aircraft to ANO. Based on Jobe’s pleadings, an actual injury also may have occurred when and where the defendants misappropriated ANO’s confidential business plan and disclosed that information to ANO’s competitors. Jobe does not claim, and no evidence in the record indicates, that any of these critical events took place in Mississippi. Indeed, the record evidence is to the contrary: ANO’s principal place of business when the defendants conducted their alleged tortious activities was Metairie, Louisiana; the alleged tortious conduct culminated in ANO’s[*755] financial ruin and bankruptcy filing in the Eastern District of Louisiana in January 1988; ANO’s actual injuries and many of the economic consequences resulting from those injuries (including its bankruptcy filing) occurred well-before ANO attempted to shift its operations from Louisiana to Gulfport, Mississippi in May 1988. Accepting ANO’s pleadings and allegations as true, it is nonetheless clear on this record that ANO’s actual injuries occurred and were completed outside of Mississippi.

We therefore hold that the Mississippi injuries alleged by Jobe are only collateral consequences of ANO’s actual injuries. Having failed to show that the defendants committed a tort in whole or in part within the state of Mississippi, it follows that there is no personal jurisdiction pursuant to Mississippi’s long-arm statute over the defendants to this lawsuit. E.g., Cycles, 889 F.2d at 619. The district court’s dismissal is

AFFIRMED.

1

. Mississippi's long-arm statute provides in relevant part:

[*753] Any nonresident ... corporation not qualified under the Constitution and laws of this state as to doing business herein, who shall make a contract with a resident of this state to be performed in whole or in part by any party in this state, or who shall commit a tort in whole or in part in this state against a resident or nonresident of this state, or who shall do any business or perform any character of work or service in this state, shall by such act or acts be deemed to be doing business in Mississippi and shall thereby be subjected to the jurisdiction of the courts of this state.

Miss.Code Ann. § 13-3-57 (Supp.1995).

2

. The term "injury” commonly denotes the invasion of any legally protected interest of another. RESTATEMENT (SECOND) OF TORTS, § 7 (1965). In contrast, the term "damage" is understood to mean the harm, detriment or loss sustained by reason of an injury. BLACK’S LAW DICTIONARY 351 (5TH ED.1979).

3

. Courts in jurisdictions with long-arm statutes comparable to that of Mississippi have reached the same result. For example, the United States District Court for the Southern District of New York held that the financial consequences of a conversion are not sufficient to invoke jurisdic[*754] tion under New York's long-arm statute. Chemical Bank v. World Hockey Assoc., 403 F.Supp. 1374, 1380 (S.D.N.Y.1975). In analyzing the site of the injury, the court in Chemical Bank noted that "in a commercial tort situation the place of the injury will usually be deemed to be the place where the critical events associated with the dispute took place.” Id. (internal quotations and citations omitted). The court concluded that the critical events in that case were the crucial dealings and negotiations among the parties (which took place outside of New York). The mere fact that the plaintiff was located in New York and experienced financial consequences there did not suffice for long-arm jurisdiction. Id.; see also Wenz v. Crystal, 55 F.3d 1503, 1508 (10th Cir.1995) (in tort action for wrongful disbursal of funds from a London account, injury occurred in London; economic consequences that plaintiff suffered in Colorado were insufficient to establish personal jurisdiction under the Colorado long-arm statute).

4

. In urging us to find the commission of tortious acts in Mississippi, Jobe appears to confuse the arguably distinct concepts of actual injury and damage sustained by reason of an injury. See supra note 2.