Wednesday, November 13, 2019

No personal jurisdiction when . . .

Originally published by David Coale.

Jones, the heir of a former member of the Dixie Cups, a Louisiana-based musical group, sued the Artist Rights Enforcement Corporation in Louisiana for mishandling royalties. The Fifth Circuit affirmed the dismissal of Jones’s case for lack of personal jurisdiction, observing:

  • The contract was not signed in Louisiana;
  • “Even if the contract was discussed and drafted in Louisiana, the exchange of communications in carrying out a contract is not enough to establish personal jurisdiction”;
  • Jones had nothing to do with any Louisiana-based discussions in any event;
  • “When royalties were collected, they were sent to New York and stored in a New York bank”; and
  • “Although AREC sent payments to Louisiana, this [was] . . . only because [the former band member] resided there, which fails to establish purposeful minimum contacts.”

Jones v. Artists Rights Enf. Corp., No. 19-30374 (Oct. 22, 2019) (unpublished).

 

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