Frank v. P N K (Lake Charles) LLC, No. 18-31060 (5th Cir. 2020)Annotate this Case
Plaintiffs filed a wrongful death action against defendants, alleging inter alia, claims for negligence, premises liability, and breach of warranty. On appeal, plaintiffs argued that the Texas court erred in not exercising personal jurisdiction over PNK because a non-resident company, like PNK, may be subjected to general jurisdiction for its targeted advertising in the forum state.
The Fifth Circuit affirmed and held that the Southern District of Texas properly held that it lacked personal jurisdiction over PNK and appropriately transferred this action to Louisiana. In this case, PNK is a limited liability company domiciled in Louisiana, and PNK's corporate contacts with Texas are not of the exceptional nature such that PNK could be found to be "at-home" in Texas. The court rejected plaintiffs' claims to the contrary and held that it could not exercise general jurisdiction over PNK.