907 F. Supp. 2d 85
D.D.C.2012Background
- Plaintiffs Carl R. Clay Jr. and Susan Clay sue Blue Hackle entities in the District of Columbia federal court for negligence and loss of consortium.
- Clay, a West Virginia resident, was a TolTest Project Manager in Iraq; TolTest contracted with defendants to provide security for personnel.
- On January 24, 2009, Clay was to travel in a defendants’ convoy to Kirkush, but the rear seats lacked seat belts in violation of AFCEE warning.
- Plaintiffs warned defendants about the lack of seat belts; the convoy commander said it would be “OK,” and Clay traveled in the convoy.
- On return, the driver lost control at 60–70 mph; the vehicle rolled and Clay sustained severe head, neck, and arm injuries requiring surgery and ongoing treatment.
- Plaintiffs filed suit on January 13, 2012 seeking damages; defendants moved to dismiss; the court granted the motion to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal jurisdiction over non-DC defendants | Clay contends DC contacts via affiliates justify jurisdiction | Non-DC defendants lack contacts with DC and are not present here | No personal jurisdiction over non-DC defendants |
| Venue in DC proper | Events or defendants' conduct warranted DC venue | Venue improper in DC given location of events outside DC | Venue improper; case dismissed for lack of venue |
Key Cases Cited
- Purdue University Research Found. v. Sanoji-Synthelabo, S.A., 332 F. Supp. 2d 63 (D.D.C. 2004) (personal jurisdiction burden and need for specific act connections)
- Second Amendment Found. v. US Conference of Mayors, 274 F.3d 521 (D.C. Cir. 2001) (jurisdictional factual pleading standards; specificity required)
- Labadie Coal Co. v. Black, 672 F.2d 92 (D.C. Cir. 1982) (alter ego/ownership unity considerations for jurisdiction)
- Smith v. Washington Sheraton Corp., 135 F.3d 779 (D.C. Cir. 1998) (unity of ownership and corporate separateness; need for evidence)
- GTE New Media Servs. Inc. v. BellSouth Corp., 199 F.3d 1343 (D.C. Cir. 2000) (requirements for long-arm jurisdiction and due process)
- Lance v. Wilson, 811 F. Supp. 2d 106 (D.D.C. 2011) (context for jurisdictional burden and factual pleading)