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Keywords

plaintiffdefendantjurisdictionstatuteappealmotioncorporationdue processmotion to dismiss
plaintiffdefendantjurisdictionstatuteappealmotioncorporationdue processmotion to dismiss

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Nowak v. Tak How Investments, Ltd., 94 F.3d 708, 65 USLW 2145

Facts

Sally Ann Nowak drowned in the swimming pool of the Holiday Inn Crowne Plaza Harbour View in Hong Kong while accompanying her husband, Ralph Nowak, on a business trip. The Nowaks, residents of Marblehead, Massachusetts, filed a wrongful death action against Tak How, the Hong Kong corporation that owns the hotel. Tak How had no business presence in Massachusetts but had solicited business from Massachusetts residents and had a corporate relationship with Kiddie Products, Inc., which regularly sent employees to stay at the Holiday Inn.

Sally Ann Nowak drowned in the swimming pool of the Holiday Inn Crowne Plaza Harbour View in Hong Kong while accompanying her husband, Ralph Nowak, on a business trip.

Issue

Did the U.S. District Court for the District of Massachusetts have personal jurisdiction over Tak How, a Hong Kong corporation, in a wrongful death action arising from an incident that occurred in Hong Kong?

Did the U.S. District Court for the District of Massachusetts have personal jurisdiction over Tak How, a Hong Kong corporation, in a wrongful death action arising from an incident that occurred in Hong Kong?

Rule

A court may exercise personal jurisdiction over a nonresident defendant if the defendant has sufficient contacts with the forum state, and the plaintiff's claim arises from those contacts, satisfying both the state's long-arm statute and constitutional due process requirements.

A court may exercise personal jurisdiction over a nonresident defendant if the defendant has sufficient contacts with the forum state, and the plaintiff's claim arises from those contacts, satisfying both the state's long-arm statute and constitutional due process requirements.

Analysis

The court found that Tak How's solicitation of business from Massachusetts residents, including advertising and direct mail to previous guests, constituted sufficient contacts to establish personal jurisdiction. The court applied a tripartite analysis to determine that the claims arose from Tak How's activities in Massachusetts, that the defendant purposefully availed itself of the privilege of conducting business in the state, and that exercising jurisdiction was reasonable under the circumstances.

The court found that Tak How's solicitation of business from Massachusetts residents, including advertising and direct mail to previous guests, constituted sufficient contacts to establish personal jurisdiction.

Conclusion

The Court of Appeals affirmed the district court's ruling, concluding that Tak How's contacts with Massachusetts were sufficient to establish personal jurisdiction and that the denial of the motion to dismiss for forum non conveniens was appropriate.

The Court of Appeals affirmed the district court's ruling, concluding that Tak How's contacts with Massachusetts were sufficient to establish personal jurisdiction and that the denial of the motion to dismiss for forum non conveniens was appropriate.

Who won?

The Nowaks prevailed in the case because the court found that the defendant's contacts with Massachusetts were sufficient to establish personal jurisdiction, allowing the wrongful death action to proceed.

The Nowaks prevailed in the case because the court found that the defendant's contacts with Massachusetts were sufficient to establish personal jurisdiction, allowing the wrongful death action to proceed.

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