MICHAEL MISKA OF THE WOLK LAW FIRM WINS IMPORTANT JURISDICTION CASE IN NORTH CAROLINA
Some years back, the United States Supreme Court turned the concept of jurisdiction in this country on its head. Jurisdiction is the power of a Court to hear a case based on either the systematic and continuous activities of a defendant in a State (general jurisdiction), or some specific act that caused harm in a State but coupled with some continuous efforts to avail themselves of the benefits of the State (specific jurisdiction). What the Supreme Court held in a very simple case that was neither briefed nor argued on jurisdiction was that a defendant could only be sued where it was incorporated or where its nerve center was located. Justice Sotomayor railed at the decision as being on the wrong side of history in a famous dissent.
But based on the Supreme Court’s wrong decision courts all over the country threw out cases unless the strict criteria for exercising jurisdiction was met. Our case in North Carolina captioned Cohen v. Continental Motors, Inc. was one of those cases.
Mike Miska created an excellent record that CMI not only purposely availed itself of the benefits of doing business in North Carolina, made money from its activities there, the part that failed was sold there, the accident happened there and the Plaintiff’s decedents lived in North Carolina so the harm from the defendant’s conduct occurred there.
The North Carolina Court of Appeals interpreting the new Supreme Court more relaxed view on the law of jurisdiction found that CMI indeed should be subject to the power of the North Carolina Courts to hear this case and reversed the lower Court’s decision to throw the case out. A copy of the opinion is attached here.
The Wolk Law Firm is known Worldwide for its tenacity in behalf of its clients.
Arthur Alan Wolk