Otis Felder (Partner-Los Angeles, CA) and Vladyslava Turner (Associate-Los Angeles, CA) obtained dismissals of prominent Canadian clients based on key issues concerning lack of personal jurisdiction and proper service under Hague Convention.
- In the first case., the U.S. District Court for the Central District of California granted a motion to dismiss against a Canadian ground handler, determining that the company lacked sufficient ties to California to justify personal jurisdiction. The plaintiff alleged that an employee of the ground handler contractor caused her injury at the Vancouver Port, but the court found that it was not bound by the forum selection clause in the cruise line’s passenger contracts. In addition, the plaintiff had failed to show she complied with properly serving the Canadian entity as required by the Hague Service Convention.
- In the second case, the Los Angeles Superior Court granted a motion to quash service of summons as to two Canadian entities allegedly involved in sponsoring a virtual reality event where the plaintiff says he lost his balance and fell. The court ruled that the service of summons on these defendants in Canada failed to comply with the Hague Service Convention, rendering it invalid.
These rulings highlight the complexity of jurisdictional challenges in cross-border litigation and the necessity of adhering to proper legal procedures when attempting to bring Canadian defendants into U.S. courts.