734 F.Supp.3d 486
D. Md.2024Background
- Jet Creations, Inc. filed a lawsuit in the District of Maryland against Zhejiang Weilong Plastic Products Co., Ltd. and others, seeking a temporary restraining order (TRO).
- Plaintiff alleges that the defendants operate interactive internet stores (e.g., on AliExpress) that target U.S. consumers, including those in Maryland.
- The court scheduled a TRO hearing but found the complaint did not adequately state the basis for personal jurisdiction over the foreign defendants.
- Jurisdiction arguments focused on Maryland’s general/specific jurisdiction, and Federal Rule of Civil Procedure 4(k)(2) for federal claims against foreign defendants.
- The court vacated the TRO hearing and ordered the plaintiff to show cause why the case should not be dismissed for lack of personal jurisdiction by June 4, 2024.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Personal jurisdiction over foreign defendants | Defendants target U.S. customers generally, including Maryland, via websites. | Not directly stated in opinion (Defendants have not responded). | Plaintiff’s allegations insufficient for personal jurisdiction; must show more specifics. |
| Applicability of Rule 4(k)(2) | Rule 4(k)(2) applies because claims are federal, defendants subject to no state, and U.S. due process is met. | Not directly stated; court questions if facts fit rule. | Plaintiff must provide details to support Rule 4(k)(2) jurisdiction. |
| Sufficiency of pleading contacts | Online presence and sales reach U.S., including Maryland. | Not addressed by Defendants at this stage. | Allegations too general; need specifics about targeted conduct. |
| TRO hearing timing | Immediate relief needed. | Not addressed by Defendants. | Hearing vacated pending jurisdictional showing by Plaintiff. |
Key Cases Cited
- Sneha Media & Ent., LLC v. Associated Broad. Co. P Ltd., 911 F.3d 192 (4th Cir. 2018) (detailing standards for personal jurisdiction, including under Rule 4(k)(2))
- Grayson v. Anderson, 816 F.3d 262 (4th Cir. 2016) (explaining requirements to invoke Rule 4(k)(2) for federal claims)
- UMG Recordings, Inc. v. Kurbanov, 963 F.3d 344 (4th Cir. 2020) (outlining due process analysis for personal jurisdiction under Rule 4(k)(2))
- ALS Scan, Inc. v. Digital Serv. Consultants, Inc., 293 F.3d 707 (4th Cir. 2002) (setting standard for personal jurisdiction based on online activity)