personal jurisdiction defense in Alabama

2025In Sawyer, a product-liability action, this Court adopted and applied the personal- jurisdiction analysis expounded by the United States Supreme Court in Ford Motor Co. v. Montana Eighth Judicial District Court, 592 U.S. 351 (2021).

2025In Sawyer, a product-liability action, this Court adopted and applied the personal- jurisdiction analysis expounded by the United States Supreme Court in Ford Motor Co. v. Montana Eighth Judicial District Court, 592 U.S. 351 (2021).

2009Traditional Notions of Fair Play and Substantial Justice Turning to the requirement that the maintenance of Leytham's suit in Alabama "`does not offend "traditional notions of fair play and substantial justice,"'" World-Wide Volkswagen , 444 U.S. at 292 , 100 S.Ct. 559 (quoting International Shoe Co. v. Washington , 326 U.S. at 316 , 66 S.Ct. 154 , quoting in turn Milliken v. Meyer , 311 U.S. 457 , 463 , 61 S.Ct. 339 , 85 L.Ed. 278 (1940)); Burger King , 471 U.S. at 476 , 105 S.Ct. 2174 , DBI argues that the fundamental-fairness prong of the personal-jurisdiction test weighs against exercising

2009Traditional Notions of Fair Play and Substantial Justice Turning to the requirement that the maintenance of Leytham’s suit in Alabama “ ‘does not offend “traditional notions of fair play and substantial justice,” ’ ” World-Wide Volkswagen, 444 U.S. at 292 , 100 S.Ct. 559 (quoting International Shoe Co. v. Washington, 326 U.S. at 316 , 66 S.Ct. 154 , quoting in turn Milliken v. Meyer, 311 U.S. 457, 463 , 61 S.Ct. 339 , 85 L.Ed. 278 (1940)); Burger King, 471 U.S. at 476 , 105 S.Ct. 2174 , DBI argues that the fundamental-fairness prong of the personal-jurisdiction test weighs against exercising p

2009Traditional Notions of Fair Play and Substantial Justice Turning to the requirement that the maintenance of Leytham’s suit in Alabama “ ‘does not offend “traditional notions of fair play and substantial justice,” ’ ” World-Wide Volkswagen, 444 U.S. at 292 , 100 S.Ct. 559 (quoting International Shoe Co. v. Washington, 326 U.S. at 316 , 66 S.Ct. 154 , quoting in turn Milliken v. Meyer, 311 U.S. 457, 463 , 61 S.Ct. 339 , 85 L.Ed. 278 (1940)); Burger King, 471 U.S. at 476 , 105 S.Ct. 2174 , DBI argues that the fundamental-fairness prong of the personal-jurisdiction test weighs against exercising p

2009Traditional Notions of Fair Play and Substantial Justice Turning to the requirement that the maintenance of Leytham’s suit in Alabama “ ‘does not offend “traditional notions of fair play and substantial justice,” ’ ” World-Wide Volkswagen, 444 U.S. at 292 , 100 S.Ct. 559 (quoting International Shoe Co. v. Washington, 326 U.S. at 316 , 66 S.Ct. 154 , quoting in turn Milliken v. Meyer, 311 U.S. 457, 463 , 61 S.Ct. 339 , 85 L.Ed. 278 (1940)); Burger King, 471 U.S. at 476 , 105 S.Ct. 2174 , DBI argues that the fundamental-fairness prong of the personal-jurisdiction test weighs against exercising p

2009The Court stated in Alloy Wheels: “In Ex parte McInnis, this Court explained the application of the stream of commerce doctrine to a products liability case: “ ‘In World-Wide Volkswagen Corp. [v. Woodson], 444 U.S. [286] at 297-98, 100 S.Ct. 559 [(1980)], the Supreme Court stated that “[t]he forum State does not exceed its powers under the Due Process Clause if it asserts personal jurisdiction over a corporation that delivers its products into the stream of commerce with the expectation that they will be purchased by consumers in the forum State.” In Asahi Metal Industry Co., Ltd. v. Superior

2009Traditional Notions of Fair Play and Substantial Justice Turning to the requirement that the maintenance of Leytham’s suit in Alabama “ ‘does not offend “traditional notions of fair play and substantial justice,” ’ ” World-Wide Volkswagen, 444 U.S. at 292 , 100 S.Ct. 559 (quoting International Shoe Co. v. Washington, 326 U.S. at 316 , 66 S.Ct. 154 , quoting in turn Milliken v. Meyer, 311 U.S. 457, 463 , 61 S.Ct. 339 , 85 L.Ed. 278 (1940)); Burger King, 471 U.S. at 476 , 105 S.Ct. 2174 , DBI argues that the fundamental-fairness prong of the personal-jurisdiction test weighs against exercising p

2009Traditional Notions of Fair Play and Substantial Justice Turning to the requirement that the maintenance of Leytham’s suit in Alabama “ ‘does not offend “traditional notions of fair play and substantial justice,” ’ ” World-Wide Volkswagen, 444 U.S. at 292 , 100 S.Ct. 559 (quoting International Shoe Co. v. Washington, 326 U.S. at 316 , 66 S.Ct. 154 , quoting in turn Milliken v. Meyer, 311 U.S. 457, 463 , 61 S.Ct. 339 , 85 L.Ed. 278 (1940)); Burger King, 471 U.S. at 476 , 105 S.Ct. 2174 , DBI argues that the fundamental-fairness prong of the personal-jurisdiction test weighs against exercising p

2009Traditional Notions of Fair Play and Substantial Justice Turning to the requirement that the maintenance of Leytham’s suit in Alabama “ ‘does not offend “traditional notions of fair play and substantial justice,” ’ ” World-Wide Volkswagen, 444 U.S. at 292 , 100 S.Ct. 559 (quoting International Shoe Co. v. Washington, 326 U.S. at 316 , 66 S.Ct. 154 , quoting in turn Milliken v. Meyer, 311 U.S. 457, 463 , 61 S.Ct. 339 , 85 L.Ed. 278 (1940)); Burger King, 471 U.S. at 476 , 105 S.Ct. 2174 , DBI argues that the fundamental-fairness prong of the personal-jurisdiction test weighs against exercising p

2009The Court stated in Alloy Wheels: “In Ex parte McInnis, this Court explained the application of the stream of commerce doctrine to a products liability case: “ ‘In World-Wide Volkswagen Corp. [v. Woodson], 444 U.S. [286] at 297-98, 100 S.Ct. 559 [(1980)], the Supreme Court stated that “[t]he forum State does not exceed its powers under the Due Process Clause if it asserts personal jurisdiction over a corporation that delivers its products into the stream of commerce with the expectation that they will be purchased by consumers in the forum State.” In Asahi Metal Industry Co., Ltd. v. Superior

2009The Court stated in Alloy Wheels: “In Ex parte McInnis, this Court explained the application of the stream of commerce doctrine to a products liability case: “ ‘In World-Wide Volkswagen Corp. [v. Woodson], 444 U.S. [286] at 297-98, 100 S.Ct. 559 [(1980)], the Supreme Court stated that “[t]he forum State does not exceed its powers under the Due Process Clause if it asserts personal jurisdiction over a corporation that delivers its products into the stream of commerce with the expectation that they will be purchased by consumers in the forum State.” In Asahi Metal Industry Co., Ltd. v. Superior

2006We stated: "The defendants make much of the fact that the agreements in Keelean [v. Central Bank of the South, 544 So.2d 153 (Ala.1989)], and Ex parte AmSouth Bank, [N.A., 675 So.2d 1305 (Ala.1996)], contained forum-selection clauses indicating that Alabama law would govern.

2006We stated: “The defendants make much of the fact that the agreements in Keelean [v. Central Bank of the South, 544 So.2d 153 (Ala.1989) ], and Ex parte AmSouth Bank, [NA., 675 So.2d 1305 (Ala.1996) ], contained forum-selection clauses indicating that Alabama law would govern.

2006We stated: "The defendants make much of the fact that the agreements in Keelean [v. Central Bank of the South, 544 So.2d 153 (Ala.1989)], and Ex parte AmSouth Bank, [N.A., 675 So.2d 1305 (Ala.1996)], contained forum-selection clauses indicating that Alabama law would govern.

2006We stated: “The defendants make much of the fact that the agreements in Keelean [v. Central Bank of the South, 544 So.2d 153 (Ala.1989) ], and Ex parte AmSouth Bank, [NA., 675 So.2d 1305 (Ala.1996) ], contained forum-selection clauses indicating that Alabama law would govern.

2014If a defendant fails to do so, then he may be found to have waived his personal jurisdiction defense, notwithstanding its inclusion in a responsive pleading. "5One apparent aberration to this pattern is Datskow v. Teledyne, Inc., 899 F.2d 1298 (2nd Cir. 1990), wherein the Second Circuit classified a four[]-month delay in challenging personal jurisdiction as a waiver of the defense.

2014The longer the time interval, the more likely it is that courts will find a waiver. 29 1130184, 1130231 See Hamilton, 197 F.3d at 62 (determining that defendant forfeited personal jurisdiction defense by failing to raise it for four years after inclusion of defense in answer); Continental Bank, N.A. v. Meyer, 10 F.3d 1293, 1297 (7th Cir. 1993) (finding waiver where defendants did not actively contest personal jurisdiction for more than two and a half years after listing the defense in their answer); Hunger, [ 203 F.3d 835 ] (defendant waived personal jurisdiction defense by waiting more than t

2003For purposes of a personal-jurisdiction analysis, when the allegations of the complaint are contradicted by the defendant's affidavits, courts "`construe all reasonable inferences in favor of the plaintiff.'" Robinson v. Giarmarco & Bill, P.C., 74 F.3d 253, 255 (11th Cir. 1996) (quoting Madara v. Hall, 916 F.2d 1510, 1514 (11th Cir.1990)). [8] The article alleged that the plaintiff, an actress, "drank so heavily as to prevent her from fulfilling her professional obligations." 465 U.S. at 789 n. 9, 104 S.Ct. 1482 . [9] Section 8-6-12(e)(1) provides, in pertinent part: "[E]very issuer which prop

2001In Burger King Corp. v. Rudzewicz, 471 U.S. 462 , 105 S.Ct. 2174 , 85 L.Ed.2d 528 (1985), the United States Supreme Court noted: "[B]ecause the personal jurisdiction requirement is a waivable right, there are a `variety of legal arrangements' by which a litigant may give `express or implied consent to the personal jurisdiction of the court.' Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, [ 456 U.S. 694, 703 , 102 S.Ct. 2099 , 72 L.Ed.2d 492 (1982)].

2001In Burger King Corp. v. Rudzewicz, 471 U.S. 462 , 105 S.Ct. 2174 , 85 L.Ed.2d 528 (1985), the United States Supreme Court noted: "[B]ecause the personal jurisdiction requirement is a waivable right, there are a `variety of legal arrangements' by which a litigant may give `express or implied consent to the personal jurisdiction of the court.' Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, [ 456 U.S. 694, 703 , 102 S.Ct. 2099 , 72 L.Ed.2d 492 (1982)].