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Blog Posts in Jurisdictional Issues

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  • Florida Second DCA finds that personal jurisdiction in wrongful death case did not exist over defendant helicopter manufacturer based in California

    On January 5, 2022, in Robinson Helicopter Company, Inc., v. Gangapersaud, No. 2D20-2470, a personal injury wrongful death case, the Florida Second DCA reversed a trial court order which had denied a motion to dismiss by the defendant on the grounds of lack...

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  • Florida Third DCA rules that medical negligence plaintiff could not assert Florida long arm personal jurisdiction over Delaware corporation with subsidiaries operating in Florida

    On September 8, 2021, in The Schumacher Group of Delaware, Inc. v. Dictan, etc., et al., No. 3D20-1571, the Florida Third DCA reversed a trial court order in a medical negligence case and remanded with instructions to dismiss a Delaware...

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  • Eleventh reverses district court’s dismissal of claim on subject matter jurisdiction grounds and revises its interpretation of Rooker-Feldman doctrine prohibiting district court review of state court judgments

    On August 12, 2021, in Behr v. Campbell, et al., No. 18-12842, the Eleventh Circuit Court of Appeals revisited the doctrine of Rooker-Feldman, which is a jurisdictional doctrine holding that a party who loses a case in state court cannot appeal that...

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  • Eleventh Circuit rules that plaintiff waived objection to defendant’s tardy removal of medical negligence case to federal court by not raising the procedural issue within the statutory 30-day time limit

    On May 6, 2021, in Shipley v. Helping Hands Therapy, et al., No. 19-13812, the Eleventh Circuit Court of Appeals reversed a district court order which had remanded a medical negligence case back to state court...

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  • Florida Second DCA rules that defendant waived objection to personal jurisdiction by not timely raising the issue earlier by motion or responsive pleading

    On May 12, 2021, in Century-National Insurance Company v. Frantz, No. 2D20-522, the Florida Second DCA reversed a trial court’s ruling in an insurance declaratory judgment action which denied the plaintiff insurance company’s motion for a final default judgment...

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  • Florida Third DCA reverses trial court ruling denying defense motion to dismiss medical negligence case for lack of personal jurisdiction, remands for trial court to follow proper procedure in resolving conflicting claims re application of Florida’ long arm statute

    On April 14, 2021, in Team Health Holdings Inc. v. Caceres, et al., No. 3D20-0942, the Florida Third DCA reversed a trial court’s ruling which had denied a medical negligence defendant’s motion to the dismiss the complaint ...

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  • County Court jurisdictional limit set to increase from $15,000 to $30,000 for cases filed on or after January 1, 2020
    County Court jurisdictional limit set to increase from $15,000 to $30,000 for cases filed on or after January 1, 2020

    Chapter 2019-58, Laws of Florida, increased the maximum dollar amount in controversy of cases under the jurisdiction ...

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  • Florida Fourth DCA rules that trial court erred in denying defendant corporation’s motion to dismiss for lack of personal jurisdiction and remands for determination whether defendant’s Florida contacts are so continuous and systematic as to render it “at home” in Florida
    Florida Fourth DCA rules that trial court erred in denying defendant corporation’s motion to dismiss for lack of personal jurisdiction and remands for determination whether defendant’s Florida contacts are so continuous and systematic as to render it “at home” in Florida

    On August 28, 2019, in Imperial Capital, LLC v. Tradewinds, Ltd., No. 4D18-3709, the Florida Fourth DCA reversed a trial court’s denial of the defendant corporation’s motion to dismiss for lack of personal jurisdiction in a case involving alleged tortious interference with a business contract ...

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  • Florida First DCA rules that corporate shield doctrine bars personal jurisdiction over nonresident corporate officer named as defendant with corporate employer in wrongful death case
    Florida First DCA rules that corporate shield doctrine bars personal jurisdiction over nonresident corporate officer named as defendant with corporate employer in wrongful death case

    On December 28, 2018, in LaFreniere v. Craig-Myers, No. 1D18-1918, the Florida First DCA reversed a trial court’s denial of a defendant’s motion to dismiss in a wrongful death case for lack of ...

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  • Florida Third DCA rules that foreign persons were not subject to service of process individually when compelled to attend U.S. deposition on behalf of defendant corporations
    Florida Third DCA rules that foreign persons were not subject to service of process individually when compelled to attend U.S. deposition on behalf of defendant corporations

    On January 3, 2018, in Queiroz v. Bentley Bay Retail , No. 3D17-1604, the Florida Third DCA reversed a trial court’s order denying Brazilian defendants’ motion to quash the service of process made ...

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  • Eleventh Circuit rules that district court lacked jurisdiction under Alien Tort Statute over lawsuit against Chilean army officer for torture occurring in Chile
    Eleventh Circuit rules that district court lacked jurisdiction under Alien Tort Statute over lawsuit against Chilean army officer for torture occurring in Chile

    On January 3, 2018, in Jara v. Nunez , No. 16-15179, the Eleventh Circuit Court of Appeals affirmed a district court’s dismissal of a plaintiff’s claims which asserted U.S. district court jurisdiction ...

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  • Florida Third DCA rules that federal admiralty jurisdiction applies to tort case for injury sustained by passenger riding on an escalator to embark on cruise
    Florida Third DCA rules that federal admiralty jurisdiction applies to tort case for injury sustained by passenger riding on an escalator to embark on cruise

    On January 3, 2018, in Carnival Corporation v. Garcia , No. 3D17-0445, the Florida Third DCA reversed a trial court’s denial of a defendant cruise line’s motion to dismiss a negligence complaint ...

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