Mary Miller Turner v. Prince Georges County Public S
694 F. App'x 64
| 3rd Cir. | 2017Background
- Turner, a Pennsylvania resident, sued Prince George’s County Public Schools and officials in 2016 after her 2013 termination in Maryland.
- Turner conceded Defendants were Maryland residents, events occurred in Maryland, and she served them in Maryland.
- Defendants moved to dismiss under Fed. R. Civ. P. 12(b)(2), submitting affidavits that they lacked contacts with Pennsylvania.
- Turner did not respond to the motion for nearly five months; the District Court dismissed her complaint without prejudice for lack of personal jurisdiction.
- Turner appealed and argued she had submitted sufficient evidence of personal jurisdiction; Appellees moved for summary action.
- The Third Circuit reviewed de novo and summarily affirmed, holding Turner failed to establish either general or specific jurisdiction over the Maryland defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court had personal jurisdiction over Maryland defendants | Turner contends she produced sufficient evidence to support personal jurisdiction in Pennsylvania | Defendants argue they lack minimum contacts with Pennsylvania and were served in Maryland | Court held Turner failed to establish either general or specific jurisdiction and affirmed dismissal |
Key Cases Cited
- Telcordia Tech. Inc. v. Telkom SA Ltd., 458 F.3d 172 (3d Cir. 2006) (standard of review for personal jurisdiction reviewed de novo)
- Pennzoil Prods. Co. v. Colelli & Assocs., Inc., 149 F.3d 197 (3d Cir. 1998) (Fed. R. Civ. P. 4(e) permits exercise of jurisdiction to extent allowed by state law)
- Kehm Oil Co. v. Texaco, Inc., 537 F.3d 290 (3d Cir. 2008) (Due Process minimum contacts requirement and fair warning principle)
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (U.S. 1985) (discussing purposeful availment and fair warning)
- Mellon Bank (East) PSFS, Nat’l Ass’n v. Farino, 960 F.2d 1217 (3d Cir. 1992) (plaintiff’s burden to establish personal jurisdiction with reasonable particularity)
- Marten v. Godwin, 499 F.3d 290 (3d Cir. 2007) (definition of general jurisdiction as systematic and continuous contacts)
- O’Connor v. Sandy Lane Hotel Co., Ltd., 496 F.3d 312 (3d Cir. 2007) (standard for purposeful direction in specific jurisdiction analysis)
- Frederico v. Home Depot, 507 F.3d 188 (3d Cir. 2007) (dismissal without prejudice can be final for appeal when plaintiff elects to stand on complaint)