Core-Vent Corp. v. Nobel Industries Ab, and Per-Ingvar Branemark Tomas Albrektsson Ulf Lekholm Lars Sennerby

11 F.3d 1482, 27 Fed. R. Serv. 3d 1230, 93 Cal. Daily Op. Serv. 9283, 93 Daily Journal DAR 15951, 1993 U.S. App. LEXIS 32688, 1993 WL 516959
CourtCourt of Appeals for the Ninth Circuit
DecidedDecember 16, 1993
Docket91-56493
StatusPublished
Cited by264 cases

This text of 11 F.3d 1482 (Core-Vent Corp. v. Nobel Industries Ab, and Per-Ingvar Branemark Tomas Albrektsson Ulf Lekholm Lars Sennerby) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Core-Vent Corp. v. Nobel Industries Ab, and Per-Ingvar Branemark Tomas Albrektsson Ulf Lekholm Lars Sennerby, 11 F.3d 1482, 27 Fed. R. Serv. 3d 1230, 93 Cal. Daily Op. Serv. 9283, 93 Daily Journal DAR 15951, 1993 U.S. App. LEXIS 32688, 1993 WL 516959 (9th Cir. 1993).

Opinions

O’SCANNLAIN, Circuit Judge:

We are called upon to decide whether a federal district court in California should exercise personal jurisdiction over four doctors in Sweden who allegedly defamed a California corporation in articles published in international medical journals.

I

Until very recently, Core-Vent was a California corporation with its headquarters in Encino.1 Core-Vent and its principal competitor, Nobelpharma AB (“Nobelpharma”), a Swedish corporation, are the two largest manufacturers of dental implants in the world.

Branemark, Albrektsson, and Lekholm are professors at the University of Gothenburg in Gothenburg, Sweden. Sennerby is a doctoral candidate at the University of Gothen-burg. (We will refer to the appellees collectively as “the Swedish doctors.”) All are Swedish citizens and none has visited the United States, or, in particular, California more than a few times on random occasions. Branemark visited California most extensively of the four and is alleged to have visited only five times in the last four years. Brane-mark is a director of Nobelpharma, and also directs a research institute at the University that is allegedly financed by Nobelpharma. Albrektsson, Lekholm, and Sennerby work at the institute, and are alleged to be paid [1484]*1484consultants to Nobelpharma. According to Core-Vent, Albrektsson and Lekholm co-authored, at the direction of Nobelpharma and Branemark, an article published in the October 1989 issue of Dental Clinics of North America that “contained false and misleading comparisons of Core-Vent and Nobelpharma implants.” The journal is distributed worldwide, including within California. Albrekts-son and Sennerby similarly are alleged to have written, at Nobelpharma’s direction, an article defaming Core-Vent. Their article was published in the International Journal of Oral and Maxillofacial Implants, which is also distributed worldwide. Core-Vent alleges that Branemark controlled these and other studies in order to further an antitrust conspiracy.

Core-Vent brought suit against Nobelp-harma, three individual American citizens, and five Swedish citizens, including the four Swedish doctors. In addition to various claims against the defendants that are not parties to this appeal, Core-Vent brought antitrust claims against Branemark and libel claims against Albrektsson, Lekholm, and Sennerby. The Swedish doctors moved to dismiss the claims against them for lack of personal jurisdiction. The district court granted the motion. Final judgment was entered pursuant to Federal Rule of Civil Procedure 54(b). Core-Vent appeals.

II

As a preliminary matter, we must consider the Swedish doctors’ argument that the district court abused its discretion in granting Core-Vent’s motion for the entry of final judgment.

Rule 54(b) of the Federal Rules of Civil Procedure provides in relevant part:

When more than one claim is presented in an action ... or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment.

(Emphasis added.) Here, the district court expressly determined that there was no just reason for delay because the jurisdictional claims were easily severable from the merits of the lawsuit. The court also concluded that allowing for immediate appeal would serve the efficient administration of justice.

In Texaco, Inc. v. Ponsoldt, 939 F.2d 794, 797 (9th Cir.1991), we held that “Rule 54(b) certification is proper if it will aid ‘expeditious decision’ of the case.” Id. (quoting Sheehan v. Atlanta Int’l Ins. Co., 812 F.2d 465, 468 (9th Cir.1987)). “However, Rule 54(b) certification is scrutinized to ‘prevent piecemeal appeals in cases which should be reviewed only as single units.’ ” Id. at 797-98 (quoting McIntyre v. United States, 789 F.2d 1408, 1410 (9th Cir.1986) (internal citations and quotations omitted)).

We are satisfied that dealing with the jurisdictional issue now may obviate the need for a second trial, and thus aids expeditious decision of the case. The jurisdictional question at issue here is unrelated to the other issues in the case; thus, entry of final judgment will not lead to undesirable “piecemeal appeals.” In short, the district court did not abuse its discretion in granting Core-Vent’s motion under Rule 54(b).

Ill

The district court dismissed the claims against the Swedish doctors, concluding that it lacked personal jurisdiction over them.

Where, as here, there is no applicable federal statute governing personal jurisdiction, the law of the state in which the district court sits applies. See Hylwa, M.D., Inc. v. Palka, 823 F.2d 310, 312 (9th Cir.1987). This case was brought in the Central District of California; California’s long-arm statute allows courts to exercise personal jurisdiction over defendants to the extent permitted by the Due Process Clause of the United States Constitution. Data Disc, Inc. v. Systems Tech. Assocs., Inc., 557 F.2d 1280, 1286 (9th Cir.1977). Thus, we “need only determine whether personal jurisdiction in this case would meet the requirements of due process.” Brainerd v. Governors of the [1485]*1485Univ. of Alberta, 873 F.2d 1257, 1258 (9th Cir.1989).

“[D]ue process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice.’ ” International Shoe Co. v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 158, 90 L.Ed. 95 (1945) (citations omitted). Where the defendant has not had continuous and systematic contacts with the state sufficient to subject him or her to general jurisdiction, the following three-part test is applied to determine whether the defendant has “minimum contacts” with the forum:

(1) The nonresident defendant must purposefully direct his activities or consummate some transaction with the forum or resident thereof; or perform some act by which he purposefully avails himself of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws; (2) the claim must be one which arises out of or relates to the defendant’s forum-related activities; and (3) the exercise of jurisdiction must comport with fair play and substantial justice, i.e. it must be reasonable.

Lake v. Lake, 817 F.2d 1416, 1421 (9th Cir.1987).

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11 F.3d 1482, 27 Fed. R. Serv. 3d 1230, 93 Cal. Daily Op. Serv. 9283, 93 Daily Journal DAR 15951, 1993 U.S. App. LEXIS 32688, 1993 WL 516959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/core-vent-corp-v-nobel-industries-ab-and-per-ingvar-branemark-tomas-ca9-1993.