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United States Sixth Circuit


Estate of Thomson v. Toyota Motor Corp. Worldwide, 073813

In a torts action following a car accident in South Africa against car rental company, grant of defendant-car company's motion to dismiss for lack of personal jurisdiction and claims against car rental company under the doctrine of forum non conveniens is affirmed where: 1) defendant-corporation did not have sufficient contacts with Ohio to support general jurisdiction under the state's long-arm statute or comport with due process; 2) the record supported the district court's conclusion that subsidiary of defendant corporation was not an alter ego according to alter-ego theory of personal jurisdiction; 3) the district court's decision to sua sponte dismiss was not improper; 4) an adequate forum existed in South Africa and there were corporate entities in South Africa which were amenable to service; 5) the plaintiffs' chosen forum was simply not outweighed by the many factors favoring South Africa; and 6) the district court was correct in determining that South Africa is the most convenient and proper forum.

Appellate Information

  • Decided 10/09/2008
  • Published 10/09/2008

Judges

Court

  • United States Sixth Circuit

Counsel

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