Nathan Speten et al. v. Sharda USA LLC et al.

Summary

The United States District Court for the District of North Dakota denied motions to dismiss for lack of personal jurisdiction filed by Outsource Logistics, LLC and CJB Industries, Inc. The court held that specific personal jurisdiction existed over Outsource based on its shipment-related contacts with North Dakota and that CJB waived its jurisdictional defense by failing to adequately preserve it.

Holdings

1. The court had specific personal jurisdiction over Outsource because the record, viewed in the light most favorable to plaintiffs, established sufficient minimum contacts and a substantial connection between Outsource, North Dakota, and the claims arising from the allegedly mislabeled herbicide.
2. CJB waived its personal-jurisdiction defense because it did not adequately preserve the defense in its first responsive pleading or a pre-pleading motion and did not provide timely notice that it intended to challenge personal jurisdiction.

Questions Presented

1. Whether the court could exercise specific personal jurisdiction over Outsource based on its shipment, packaging, labeling, and knowledge concerning the allegedly defective herbicide sent into North Dakota.
2. Whether CJB waived its personal-jurisdiction defense by denying jurisdictional allegations in its answer without expressly asserting lack of personal jurisdiction as an affirmative defense or raising it in a pre-pleading motion.

Disposition

other