LTX Corporation v. Daewoo Corporation

• Court: Court of Appeals for the First Circuit
• Decided: March 16, 1998
• Docket: 97-2228
• Status: Unpublished

Opinion

[NOT FOR PUBLICATION] United States Court of Appeals For the First Circuit

No. 97-2228

LTX CORPORATION,

Plaintiff, Appellant,

v.

DAEWOO CORPORATION, ET AL.,

Defendants, Appellants.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. George A. O'Toole, Jr., U.S. District Judge]

Before

Boudin, Circuit Judge, Coffin and Cyr, Senior Circuit Judges.

Joseph L. Kociubes with whom Melissa M. Thompson was on brief for appellant. Gordon T. Walker with whom Steven W. Kasten and Christopher R. Bush were on brief for appellees.

March 12, 1998

Per Curiam. LTX Corporation, a Massachusetts manufacturer of semi-conductor testing equipment, brought suit in United States District Court in Massachusetts for breach of contract and negligent supervision against Daewoo Electronics, Ltd., a Korean manufacturer of various electronic products, and Daewoo Corporation, a Korean company that distributes products for Daewoo Electronics internationally. The district court dismissed the action for lack of personal jurisdiction, pursuant to Mass. Gen. L. ch. 223A, 3 (1993) and Mass. Gen. L. ch. 223, 38 (1976), and for forum non conveniens. It also concluded that any prospective service conforming to the requirements of 38 would not surmount the hurdle of lack of general due process jurisdiction. LTX appeals these rulings and the district court's refusal to permit it discovery on the jurisdictional issue. After careful review of the briefs, the complaint, the district court order, and the applicable case law and statutes, we affirm for the reasons set forth in full by the district court in LTX Corporation v. Daewoo Corporation, 979 F. Supp. 51 (D. Mass. 1996).