United States Fifth Circuit

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McFadin v. Gerber, 09-50083

In an action for breach of a sales representative agreement, dismissal of the action for lack of personal jurisdiction is affirmed in part where one defendant's mere act of contracting with a resident of the forum state did not establish minimum contacts. However, the order is reversed in part where other defendants sufficiently directed the sale of the merchandise at issue into Texas such that they could reasonably anticipate being haled into court there.

Appellate Information

  • Decided 11/10/2009
  • Published 11/10/2009


  • PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM and STEWART, Circuit Judges, and ENGELHARDT, District Judge.


  • United States Fifth Circuit


  • For Appellant:
  • Charles W. Hanor (argued), Hanor Lively & Cernyar, San Antonio, TX, for Laurie D. McFadin and Stacy L. McFadin., Joseph Brent Garfield (argued), J. Brent Garfield, P.L.L.C., Arvada, CO, for Lynn Gerber and William Gerber, II., Clifford L. Beem (argued), Clifford Beem & Associates, PC, Denver, CO, for Grenemyer.

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