United States Third Circuit

In a suit alleging breach of warranty and other contract claims, district court judgment dismissing plaintiffs' complaint for lack of personal jurisdiction is reversed and remanded where the court failed to to apply the correct standard for evaluating personal jurisdiction in the motion to dismiss stage and construe disputed facts in favor of the plaintiffs. Under the correct standard, plaintiff's did make a prima facie showing that the Virgin Islands long-arm statute applied to defendant and the exercise of jurisdiction over defendant is consistent with the Due Process Clause.

Appellate Information

• Argued 12/10/2008
• Decided 05/21/2009
• Published 05/21/2009

Judges

• Before:  FISHER, JORDAN and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Ashlee M. Gray (Argued), Gregory H. Hodges, Dudley, Topper & Feuerzeig, St. Thomas, VI, for Appellants.


• For Appellees:
  
• Alan R. Feuerstein (Argued), Feuerstein & Smith, Buffalo, NY, for Appellee.