InfoSpan, Inc. v. Emirates NBD Bank PSJC, No. 16-55090 (9th Cir. 2018)
Annotate this CaseA defendant that timely asserts that the district court lacks personal jurisdiction and litigates the issue to an adverse decision from the district court does not waive the personal jurisdiction defense by vigorously litigating defenses to the merits, including by asserting counterclaims against other parties. The Ninth Circuit reversed the district court's judgment compelling arbitration of contract claims and held that the Bank was entitled to litigate its defenses and counterclaims in a related matter between similar parties without waiving the issue of personal jurisdiction, because the Bank had timely asserted the personal jurisdiction defense and received an adverse ruling (that jurisdiction was proper) from the district court. The panel remanded for dismissal based on lack of personal jurisdiction.
Court Description: Personal Jurisdiction. The panel reversed the district court’s judgment compelling arbitration of claims concerning a contract and remanded for dismissal on the ground that the district court lacked personal jurisdiction over the defendant. The panel reversed the district court’s determination that the defendant waived its personal jurisdiction defense through its litigation conduct. The panel concluded that the defendant preserved the defense by timely asserting it and litigating it to an adverse ruling, and did not waive the defense by litigating other defenses and counterclaims in a related matter between similar parties. The panel held that the district court lacked personal jurisdiction over plaintiffs’ claims for declaratory and injunctive relief because the defendant, a United Arab Emirates bank, lacked sufficient contacts with the United States. INFOSPAN V. EMIRATES NBD BANK PJSC 3
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