Atlanta partner Richard Beaulieu and Richmond associates Andrew Gann and Travis Gunn analyzed personal jurisdiction as a rejuvenated defense in a May 21, 2020, Law360 article. Defendants continue to press personal jurisdiction defenses, particularly in cases involving consumer products, medical devices and similar items that flow through the stream of commerce.
In their article, Beaulieu, Gann and Gunn examined the personal jurisdiction doctrine, explaining the legal standards defendants can use to try to get a case dismissed, why raising personal jurisdiction defenses often leads to jurisdictional discovery and what that type of discovery can entail.
Understanding what is in the public domain, using a strong affidavit, keeping a document depository and selecting the proper deponent are key for strategic handling of jurisdictional discovery. “With the rise of jurisdictional discovery, companies, and the attorneys representing them — especially those willing to take a proactive stance in challenging personal jurisdiction — should develop a system that provides consistency and cost-savings to that discovery,” the authors wrote.