Brigade Electronics (UK) Limited and Brigade Electronics, Inc. v. Anita Dehaney, Individually and as the of Estate of Alton Ford Sr.
01-20-00044-CV
Tex. App.Dec 17, 2020Background
- Plaintiffs (Dehaney as executrix, Jefferson, and Irby) sued Brigade Electronics (UK) Ltd. and Brigade Electronics, Inc. after their father was killed by an RTG crane at the Port of Houston; the crane was equipped with four Brigade broadband sound (BBS) reverse-motion alarms.
- Plaintiffs asserted products-liability and negligence theories, alleging the alarms were defectively designed or unsuited for marine-port/RTG crane use and failed to warn the decedent.
- Key contacts: Brigade (UK) demonstrated and tested BBS alarms at the Port in 2005, sold initial units for evaluation, traveled to Texas multiple times, and helped establish a U.S. distribution arrangement (Medsafe); Brigade (US) later supplied and sold hundreds of alarms to the Port through Medsafe.
- Defendants filed special appearances arguing lack of personal jurisdiction: they claimed limited/fortuitous contacts with Texas (stream-of-commerce insufficient) and submitted affidavits denying Texas operations.
- The trial court denied the special appearances; on interlocutory appeal the First Court of Appeals affirmed, finding sufficient purposeful availment and a substantial connection between Texas contacts and the claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Texas courts have specific personal jurisdiction over Brigade (UK) and Brigade (US) for products-liability and negligence claims | Brigade purposefully directed conduct to Texas: product demonstrations, testing, sales/deliveries to the Port, creation of Medsafe distributorship, and marketing to Texas—so plaintiffs sufficiently pleaded and proved minimum contacts and a causal connection | Contacts were fortuitous or initiated by the Port/HFP; merely placing products into the stream of commerce is insufficient; defendants lacked continual Texas presence and jurisdiction is unreasonable | Affirmed: specific jurisdiction exists for both defendants based on purposeful availment (demonstrations, distribution network, repeated sales) and a substantial connection between those contacts and the operative facts; exercise of jurisdiction is reasonable |
| Whether plaintiffs’ group-pleading of multiple Brigade entities defeats jurisdictional pleading requirements | Plaintiffs’ collective allegations, when liberally construed and tied to distinct acts (demonstrations, sales, distributor relationship), satisfy the long-arm pleading standard | Defendants argued improper group pleading and lack of identification of which entity performed which acts (raised for first time on appeal) | Rejected as waived on appeal and not fatal: pleadings met the minimal long-arm pleading standard; remand would be remedy if pleadings wholly deficient |
Key Cases Cited
- Guardian Royal Exch. Assurance, Ltd. v. English China Clays, 815 S.W.2d 223 (Tex. 1991) (Texas long‑arm statute construed to reach as far as federal due‑process allows)
- Michiana Easy Livin’ Country, Inc. v. Holten, 168 S.W.3d 777 (Tex. 2005) (purposeful availment touchstone; only defendant’s forum contacts count)
- Moki Mac River Expeditions v. Drugg, 221 S.W.3d 569 (Tex. 2007) (specific jurisdiction focuses on relationship among defendant, forum, and litigation)
- Spir Star AG v. Kimich, 310 S.W.3d 868 (Tex. 2010) (stream‑of‑commerce requires additional conduct indicating intent to serve forum market)
- Asahi Metal Indus. Co. v. Superior Court, 480 U.S. 102 (U.S. 1987) (plurality discussion of stream‑of‑commerce plus factors)
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (U.S. 1985) (contacts must be purposeful; long‑term commercial relationships relevant)
- World‑Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (U.S. 1980) (foreseeability that product will reach forum insufficient alone for jurisdiction)
- Kelly v. General Interior Constr., Inc., 301 S.W.3d 653 (Tex. 2010) (plaintiff bears minimal pleading burden; burden then shifts to defendant to negate jurisdiction)
