Irvin v. Southern Snow Manufacturing, Inc.

517 F. App'x 229
Court of Appeals for the Fifth Circuit·Decided March 13, 2013·No. No. 11-60767·Published·Cited by 11 cases

Opinion

HAYNES, Circuit Judge: *

Andrea Irvin appeals the district court’s dismissal of her case for want of personal jurisdiction over Southern Snow Manufacturing, Inc. (“Southern Snow”). We AFFIRM.

Louisiana-based Southern Snow manufactures shaved-ice machines used to create “snowballs.” It sells those machines and the accessories necessary to make snowballs — such as flavored syrup, syrup bottles, bottle nozzles, disposable cups, and plastic spoons — to customers residing in all states in the United States, as well as internationally. Mississippi has, in some years, been the third largest market for Southern Snow products.

Southern Snow sold a snowball machine to a Louisiana resident who bought, paid for, and took possession of the machine in Louisiana. Several years later, the purchaser sold the machine in Louisiana to Irvin and her husband, both Mississippi residents, and the Irvins took it to Mississippi. Irvin later purchased $369.20 worth of snowball accessories directly from Southern Snow. No evidence suggests that these accessories are unique to Southern Snow’s snowball machines.

Irvin subsequently injured her hand while attempting to clean the machine. She sued Southern Snow in Mississippi state court, asserting negligence, defective-design, and failure-to-warn claims. Southern Snow removed and filed a motion to dismiss for lack of personal jurisdiction. The district court conducted an evidentiary hearing and granted the motion. Irvin timely appealed.

This court reviews de novo as an issue of law whether a district court may properly exercise personal jurisdiction over a nonresident defendant. Clemens v. McNamee, 615 F.3d 374, 378 (5th Cir.2010). Normally, a plaintiff need only make a prima facie showing of the defendant’s amenability to suit. Nuovo Pignone, SpA v. Storman Asia M/V, 310 F.3d 374, 378 (5th Cir.2002). Where, as here, the district court conducts an evidentiary hearing, however, a plaintiff must demonstrate that the exercise of jurisdiction is appropriate by a preponderance of the evidence. See DeMelo v. Toche Marine, Inc., 711 F.2d 1260, 1271 n. 12 (5th Cir.1983). We review for clear error any factual findings material to the district court’s ruling. Loumar, Inc. v. Smith, 698 F.2d 759, 763 (5th Cir.1983).

“A federal district court sitting in diversity may exercise personal jurisdiction over a nonresident defendant if (1) the long-arm statute of the forum state confers personal jurisdiction over that defendant; and (2) [the] exercise of such jurisdiction by the forum state is consistent with due process under the United States Constitution.” 1 Ruston Gas Turbines, Inc. v. [231] Donaldson Co., 9 F.3d 415, 418 (5th Cir.1993). The inquiry generally turns on the facts of each case, but precedent provides some well-known principles as guidance. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 485-86, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985). The longstanding “constitutional touchstone remains whether the defendant purposefully established ‘minimum contacts’ in the forum State ... ‘such that he should reasonably anticipate being haled into court there.’ ” Id. at 474, 105 S.Ct. 2174 (citations omitted); see also World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 291-92, 100 S.Ct. 559, 62 L.Ed.2d 490 (1980).

There are two types of personal jurisdiction: general and specific. See, e.g., Luv N’ Care, Ltd. v. Insta-Mix, Inc., 438 F.3d 465, 469 (5th Cir.2006). Irvin suggests that the district court could have exercised general jurisdiction over Southern Snow. She waived this argument by failing to raise it clearly and develop it adequately in her opening brief.2 See, e.g., Tharling v. City of Port Lavaca, 329 F.3d 422, 430 (5th Cir.2003). This case therefore turns on specific jurisdiction.

The exercise of specific jurisdiction requires establishing three elements. First, the plaintiff must show that the defendant has established minimum contacts with the forum state by purposely directing its activities toward the forum state or purposefully availing itself of the privilege of conducting activities there. See Burger King, 471 U.S. at 474-76, 105 S.Ct. 2174. “This ‘purposeful availment’ requirement ensures that a defendant will not be haled into a jurisdiction solely as a result of ‘random,’ ‘fortuitous,’ or ‘attenuated’ contacts, or of the ‘unilateral activity of another party or a third person.’ ” Id. at 475, 105 S.Ct. 2174 (internal citations omitted). “Jurisdiction is proper, however, where the contacts proximately result from actions by the defendant himself that create a ‘substantial connection’ with the forum State.” Id. (emphasis removed) (citation omitted).

Second, the plaintiffs claims must “re-laten to or ‘arise[] out of [the] defendant’s contacts with the forum.” Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 414, 104 S.Ct. 1868, 80 L.Ed.2d 404 (1984). In other words, there must be a “nexus between the defendant[’s] contacts with Mississippi and the plaintiff’s] [tort] claim[].” ITL International, 669 F.3d at 500. Finally, the exercise of jurisdiction must comport with “traditional notions of fair play and substantial justice.” Int’l Shoe Co. v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 90 L.Ed. 95 (1945) (citation and quotation marks omitted); see also Burger King, 471 U.S. at 476-77, 105 S.Ct. 2174.

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Irvin v. Southern Snow Manufacturing, Inc., 517 F. App'x 229 (5th Cir. 2013).

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