Ex parte International Creative Management Partners, LLC, d/b/a ICM Partners.Annotate this Case
International Creative Management Partners, LLC, d/b/a ICM Partners ("ICM"), petitioned the Alabama Supreme Court for a writ of mandamus to direct the Mobile Circuit Court to vacate its order denying ICM's motion to dismiss the action filed against it by Jordan Pardue, a minor, and Terrie Pardue, individually and as Jordan's mother and next friend (hereinafter collectively referred to as "the Pardues"), on the basis that the circuit court lacked personal jurisdiction over it and to issue an order granting its motion. ICM is a talent agency, and its clients perform at various venues across the globe. Jordan attended a concert by an ICM client, Cannibal Corpse, at Soul Kitchen Hall in Alabama. The Pardues state in their response to ICM's petition that, during the concert, "the crowd became violent and Jordan ... was thrown to the ground, suffering a spinal cord injury." The Pardues alleged in their complaint that it was, or should have been, foreseeable "that patrons attending Cannibal Corpse concerts exhibit violent behavior, including ... forming 'mosh pits' and/or dancing, running[,] jumping or otherwise physically contacting other patrons during the concert." The Pardues state that Jordan's total medical bills for treating the injuries Jordan incurred at the concert exceed $1.2 million. After review, the Supreme Court determined that other than arranging the booking of Cannibal Corpse, ICM had no involvement with the actual performance by Cannibal Corpse at Soul Kitchen Music Hall where Jordan incurred the injuries that were the basis of this action. For this reason alone it appears that ICM had no activity in Alabama giving rise to the episode-in-suit. “Moreover, assuming that ICM did engage in activity in Alabama, it does not appear that ICM's activity gave rise to the episode-in-suit.” The Court concluded the exercise of jurisdiction over ICM did not comport with fair play and substantial justice, and that ICM demonstrated a clear legal right to a writ of mandamus directing the Mobile Circuit Court to vacate its order denying ICM's motion to dismiss for lack of personal jurisdiction and to enter an order dismissing ICM from the underlying action.