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CEB has my article “Specific Jurisdiction May Be Based on Past Contacts with Forum, Says 9th Circuit Panel over Judge VanDyke Dissent”

Tim Kowal     December 15, 2023

CEB DailyNews has published my article, “Specific Jurisdiction May Be Based on Past Contacts with Forum, Says 9th Circuit Panel over Judge VanDyke Dissent.” The article is about Impossible Foods Inc. v. Impossible X LLC, No. 21-16977 (9th Cir. Sep. 12, 2023), where the district court had ruled that, in a lawsuit involving trademark enforcement, Impossible X’s contacts with California had to relate to trademark enforcement. But a divided 9th Circuit panel reversed, holding that the court may look to the defendants’ general business-development historical contacts with the forum—even if those activities did not relate to enforcing the trademark, the subject of the lawsuit.

This was too much for Judge VanDyke, who dissented, saying that the majority “reconceptualizes specific jurisdiction as a kind of backward-looking "general jurisdiction lite," [and] pushes our precedent in a new and troubling direction.” He also says the majority’s rule “is also potentially the most radical reimagining and expansion of specific jurisdiction in decades.”

The original article is here.

Tim Kowal is an appellate specialist certified by the California State Bar Board of Legal Specialization. Tim helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at CALpodcast.com, and publishes summaries of cases and appellate tips for trial attorneys. Contact Tim at [email protected] or (949) 676-9989.
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