Summary
The Ninth Circuit reversed the Eastern District of Washington’s dismissal of a wrongful-death and survivor action for lack of personal jurisdiction over an Idaho medical center and physician. The court held that Washington’s long-arm statute and the Due Process Clause permitted specific personal jurisdiction because the defendants cultivated treatment relationships with Washington residents and routinely transmitted prescriptions to Washington pharmacies. The court also held that venue was proper in the Eastern District of Washington and remanded the case.
Topics
Practice areas
Questions Presented
- Whether Washington's long-arm statute authorized specific personal jurisdiction over Dr. Marciano and Gritman Medical Center.
- Whether exercising specific personal jurisdiction over the Idaho defendants complied with the Due Process Clause of the Fourteenth Amendment.
- Whether Plaintiffs were prejudiced by the denial of jurisdictional discovery concerning general personal jurisdiction over Gritman.
- Whether venue was proper in the Eastern District of Washington under 28 U.S.C. § 1391(b)(2).
- Whether the district court's dismissal should be affirmed as to Todd Bledsoe.
Holdings
- Washington's long-arm statute authorized specific personal jurisdiction over Dr. Marciano and Gritman because the defendants transacted business in Washington through repeated transmission of prescriptions to Washington pharmacies, and the transaction-of-business provision is coextensive with federal due-process limits.
- Dr. Marciano and Gritman purposefully availed themselves of the privilege of conducting activities in Washington and therefore had sufficient minimum contacts for specific personal jurisdiction.
- Plaintiffs' claims arose out of or related to the defendants' Washington contacts.
- Defendants did not make the compelling showing required to establish that exercising specific personal jurisdiction in Washington would be unreasonable or inconsistent with fair play and substantial justice.
- The court did not need to decide whether the district court properly denied jurisdictional discovery concerning general jurisdiction over Gritman because Plaintiffs suffered no prejudice once specific jurisdiction was established.
- Venue was proper in the Eastern District of Washington because a substantial part of the events or omissions giving rise to the claims occurred there.
Key quotations
“Given that Defendants are located on the Idaho/Washington border, that they specifically cultivated treatment relationships with Washington residents, and that they routinely transmitted Susan’s prescriptions to Washington pharmacies at her request, the district court’s exercise of personal jurisdiction over Defendants satisfies Washington’s long-arm statute and the Due Process Clause of the Fourteenth Amendment.” (5)
“Wright remains good law: discrete prescription transactions do not create the necessary minimum contacts where the doctor does not engage in the type of “systematic or continuing” cross-border activities at issue here.” (22-23)
“Because Plaintiffs allege that Susan ingested her prescriptions, overdosed, and died near her home in Albion, Washington, the record establishes that a substantial part of the events giving rise to Plaintiffs’ claims occurred in the Eastern District of Washington and that venue therein is proper.” (28)
Factual background
Susan and Mark Cox lived in Albion, Washington, less than twenty miles from Gritman Medical Center's facilities in Moscow, Idaho. Dr. Patricia Marciano treated Susan for approximately six years and prescribed multiple medications, including opioids; at Susan's request, Dr. Marciano and Gritman repeatedly transmitted prescriptions and refills to pharmacies in Washington. Susan died in 2022 from an overdose allegedly related to overprescription, and her estate and husband brought Washington-law wrongful-death and survivor claims in Washington.
Procedural history
Plaintiffs filed Washington-law wrongful-death and survivor claims in the Eastern District of Washington against Idaho-based medical defendants. The district court denied jurisdictional discovery related to Gritman, held that Washington's long-arm statute and due process did not permit specific personal jurisdiction, and dismissed the action; it did not reach venue. On appeal, the Ninth Circuit reversed the dismissal as to Gritman and Dr. Marciano, held that venue was proper, affirmed the dismissal as to Todd Bledsoe based on Plaintiffs' concession, and remanded for further proceedings.
Remand instructions
Remand for further proceedings consistent with the opinion. The dismissal for lack of personal jurisdiction was reversed as to Gritman Medical Center and Patricia Marciano, venue was held proper in the Eastern District of Washington, and the dismissal as to Todd Bledsoe was affirmed. Defendants shall bear the costs on appeal.