Wager v. Clark Material Handling Company et al, No. 3:2009cv03015 - Document 131 (D.S.D. 2010)
Court Description: OPINION AND ORDER denying 51 Motion to Dismiss for Lack of Jurisdiction; denying 78 Motion to Dismiss. Signed by Charles B. Kornmann on 09/30/2010. (ST)
Download PDF
<![CDATA[
FILED Wager v. Clark Material Handling Company UNITED STATES DISTRICT COURT et al DISTRICT OF SOUTH DAKOTA Doc. 131 SEP 3 0 20'8 ~.1 NORTHERN DIVISION ¢ ¢ ¢* ¢ ¢**.*** ¢ ¢* ¢ ¢* ¢ ¢* ¢ ¢* ¢ ¢ ¢ ¢ ¢*.**** ¢ ¢ ¢ ¢* ¢ ¢ ¢ ¢* ¢ ¢ ¢*** ¢ ¢ ¢** ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢~ ¢ ¢ ¢ ¢ ¢ THOMAS ANDREW WAGER Plaintiff, -vs CIY. 09-3015 OPINION AND ORDER * * ¢ FREHNER CONSTRUCTION CO., INC., et at. ¢ ¢ Defendants. ¢ ¢ *** ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢* ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢*.* ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ * ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ***. Defendant Frd1l1cr Construction Company filed motions to dismiss for lack ofpcrsonal jurisdiction, pursuant to Fed. R. Civ. P. I2(b)(2), Docs. 51 and 78. There is now also pending a moticm to dismiss for failure to join indispensable parties and an alternative motion to transfer filed by defendant CMI Terex Corporation. The motions to dismiss for lack ofjurisdiction should be denied for the present without prejudice Lo reconsider. The United States Supreme Court has granted certiorari in two matters that may further clarify the extent of long-ann jurisdiction over a corporation who places a product in the stream of commerce through a distributor (or auction house) that targcts a national market or when other entities distribute in the forum statc products placed in the stream of commerce by the corporation. J. McIntyre Machinery v. Nicastro, Suprcme Court Dockct 09- 1343 (cert. granted September 28,2010), and Goodyear Luxembourg Tires v. Brown, Supreme Court Docket 10-76 (cert. gmnted September 28, 20 I0). Now, therefore, IT IS ORDERED that defendant's motions, Docs. 51 and 78, to dismiss for lack of personal jurisdiction arc denied. Dated this 30th day of September, 2010. BY 'I'll E COURT: ~~~ CHARLES B. KORNMANN United States District Judge ArrEST: JOSEPH HAAS, CLERK BY: siwl ~tbwcL_)_ DEPUTY (SEAL) Dockets.Justia.com
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
