IP-WARS.NET || Comments || Merkey Lurker

Merkey Lurker | 51 comments (51 topical, editorial, 0 hidden)

Re: Merkey Lurker (3.83 / 6) (#24)
by codswallet on Mon Aug 15th, 2005 at 07:28:52 EST
(User Info)

You should go to your solicitor. He's much better equipped to find a good lawyer in Utah than you are. In any case. Merkey's complaint doesn't allege anything that would provide the court with personal jurisdiction.

I just submitted an article on this. It turns out that though the rules don't require detailed pleading in cases of alleged conspiracy (that is, the claim won't be stricken, as it would be for a nonspecific allegation of fraud), it is necessary for the conspiracy to be a source of personal jurisdiction. Yet another case with civil procedure where the odd rule giveth and the even rule taketh away.

To gain jurisdiction through allegations of conspiracy against someone with no material contact with Utah, Merkey must allege all of the necessary elements of a prima facie case. Fat chance.

[ Parent ]

Merkey Lurker | 51 comments (51 topical, 0 editorial, 0 hidden)

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