Dismissal Obtained in the Western District of Pennsylvania for Lack of Personal Jurisdiction
Attorneys Bob James and Bill Aubel successfully obtained dismissal for an ATV rental company on claims for negligence, wrongful death, and product liability in the Western District of Pennsylvania for lack of personal jurisdiction. The plaintiff alleged that the Court had personal jurisdiction over the defendant because it targeted advertisements to the Western District of Pennsylvania and because of its internet conduct. Following a second round of briefing after the Court allowed the plaintiff to conduct jurisdictional and venue discovery, the Court granted a renewed motion to dismiss, finding that no evidence was adduced to show that neither the defendant's website nor its Google advertising or Facebook platforms, enabled interested individuals to do more than view offers, or offered a click-through method of contracting with the rental company. Accordingly, because the plaintiff proffered no evidence illustrating how the company purposefully availed itself of the privilege of conducting business in Pennsylvania, the Court found that it did not have jurisdiction over the rental company.
Disclaimer: Case summaries, reports of past results and individual lawyer biographies on this website describe past matters handled for clients of the firm. These descriptions are meant only to provide information to the public about the activities and experience of our lawyers. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our lawyers. You must not assume that a similar result can be obtained in a legal matter of interest to you. The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances, the ability of opposing counsel, and, often, unexpected developments beyond the control of any client or lawyer.