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Appellate Court Affirms District Court Dismissal of Complaint Demanding $100 Million

July 25, 2013

Salvatore Clemente (Partner-Philadelphia) and Maria G. Perri (Associate-Philadelphia) successfully obtained dismissal of an appeal to the U.S. Court of Appeals for the Third Circuit via summary action thus avoiding costly briefing on behalf of the client. In a non-precedential opinion, the Third Circuit affirmed the district court’s decision to dismiss the $100 million complaint for lack of personal jurisdiction. More specifically, the Third Circuit affirmed the district court’s findings that the plaintiff failed to demonstrate that the states Consumer Affairs division and other state defendants had minimum contacts with the Commonwealth of Pennsylvania sufficient to invoke personal jurisdiction in the Eastern District of Pennsylvania.

The appellant’s claim arose out of a failure to receive restitution in connection with a credit repair agency’s violation of the state’s Consumer Fraud Act in which more than 12,000 consumers were defrauded.

The Third Circuit’s opinion concisely cited familiar personal jurisdiction law, including International Shoe v. Washington and Helicopteros Nacionales v. Hall and provides a good refresher of foundational jurisdiction issues.

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