Powell v. Profile Design LLC

838 F. Supp. 2d 535, 2012 WL 149518, 2012 U.S. Dist. LEXIS 5677
CourtDistrict Court, S.D. Texas
DecidedJanuary 18, 2012
DocketCivil Action No. 4:10-cv-2644
StatusPublished
Cited by3 cases

This text of 838 F. Supp. 2d 535 (Powell v. Profile Design LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Powell v. Profile Design LLC, 838 F. Supp. 2d 535, 2012 WL 149518, 2012 U.S. Dist. LEXIS 5677 (S.D. Tex. 2012).

Opinion

MEMORANDUM AND ORDER

KEITH P. ELLISON, District Judge.

On October 17, 2011, 2011 WL 5006825, this Court issued a Memorandum and Order denying Plaintiff Joann Powell’s (“Plaintiff’ or “Powell”) Motion to Dismiss Defendant Profile Design’s (“Profile”) First Amended Third Party Complaint Under 12(b)(2) for Lack of Personal Jurisdiction (Doc. No. 44), and granting Third-Party Defendant HL (USA) Corporation’s (“HL (USA)”) Motion to Dismiss Under Rule 12(b)(2) (“HL (USA)’s Motion to Dismiss”) (Doc. No. 68). (Doc. No. 135. ) Subsequently, Defendant Profile Design, LLC (“Defendant” or “Profile”) filed Defendant’s Motion for Reconsideration of Granting Third-Party Defendant, HL USA Corporation’s Motion to Dismiss (“Motion for Reconsideration”). (Doc. No. 136. ) Profile alleged that due to personal circumstances, Profile’s attorney was unable to depose HL (USA)’s representative, Jon Chiang, and submit supplemental briefing to guide the Court’s analysis in deciding HL (USA)’s Motion to Dismiss. (Mot. Recon. ¶¶5-7.) The Court granted the Motion for Reconsideration, withdrawing the portion of the Court’s Memorandum and Order of October 17, 2011 granting HL (USA)’s Motion to Dismiss pending Profile’s filing of supplemental briefing on the issue of this Court’s jurisdiction over HL (USA). (Doc. No. 143.) The Court withdraws the portion of its Memorandum and Order granting HL (USA)’s Motion to Dismiss (Doc. No. 135), and issues this Memorandum and Order in its place. After considering HL (USA)’s Motion to Dismiss, all responses and replies thereto, the supplemental briefing, and the applicable law, the Court concludes that HL (USA)’s Motion to Dismiss must be GRANTED.

I. BACKGROUND

This is a products liability case arising from a bicycle accident. Powell claims that, while she was riding her bicycle during a training ride, the weld of the aerobar stem failed, causing her to be thrown forward over the front of the bicycle onto the pavement. She alleges that she sustained significant injuries as a result of the accident. Powell subsequently filed this lawsuit against Profile for negligence, gross negligence, negligent failure to warn, strict liability for failure to warn, breach of express warranty, breach of implied warranty, and strict liability for manufacturing and design defects of the subject aerobar stem. She contends that Profile was engaged in the business of designing, developing, manufacturing, testing, packaging, promoting, marketing, distributing, labeling, and/or selling the subject aerobar stem.

[538]*538Profile appeared in this lawsuit, filed an answer, and filed a Third-Party Complaint against Hsin Lung Accessories Co. Ltd., HL Corp., HL China Corp., Kalin Development Limited, HL Corp., HL Corp. Ltd., Hsin-Tech Co. Ltd., and HL (USA) (hereinafter collectively referred to as “Third-Party Defendants”). Profile’s First Amended Third-Party Complaint alleges that the relevant bicycle stem was designed and manufactured by the Third-Party Defendants. (Doc. No. 42.) Thus, Profile argues, it is entitled to contribution and indemnity from the Third-Party Defendants under Chapter 33 of the Texas Civil Practice and Remedies Code. HL (USA) now challenges the Court’s jurisdiction, arguing that all claims against it should be dismissed, as it is “a California corporation that has no designated agent for service in Texas, no product distributor in Texas, no bank accounts, phone numbers, employees, offices or property in Texas, and is not and has never has [sic] been registered to do business in Texas.” (Mot. Dismiss 1; Doc. No. 68-3, Chiang Decl. ¶¶ 4-7.)

II. LEGAL STANDARD

“Absent a rule or statute to the contrary, ... a federal court [may] exercise jurisdiction over only those defendants who are subject to the jurisdiction of courts of the state in which the court sits.” Point Landing, Inc. v. Omni Capital International, Ltd., 795 F.2d 415, 419 (5th Cir.1986), aff'd sub nom. Omni Capital International, Ltd. v. Rudolf Wolff & Co., 484 U.S. 97, 108 S.Ct. 404, 98 L.Ed.2d 415 (1987). Because the Texas long-arm statute, Tex. Civ. Prac. & Rem.Code Ann. §§ 17.041-17.045, is coterminous with the Due Process Clause of the Fourteenth Amendment to the United States Constitution, the Court’s constitutional due process inquiry into personal jurisdiction also serves as an inquiry into personal jurisdiction under the Texas long-arm statute. Command-Aire Corp. v. Ontario Mechanical Sales and Service Inc., 963 F.2d 90, 93-4 (5th Cir.1992).

To comport with constitutional due process, a plaintiff must show that: (1) defendants purposefully availed themselves of the benefits and protections of Texas law, thereby establishing “minimum contacts” with Texas such that defendants could reasonably have anticipated being haled into court there; and (2) under the circumstances, the exercise of personal jurisdiction “does not offend traditional notions of fair play and substantial justice.” Id. at 94 (citing Asahi Metal Industry Co. v. Superior Court of California, 480 U.S. 102, 107 S.Ct. 1026, 94 L.Ed.2d 92 (1987); Burger King Corp. v. Rudzewicz, 471 U.S. 462, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985); and Asarco, Inc. v. Glenara, Ltd., 912 F.2d 784 (5th Cir.1990)). See also Stuart v. Spademan, 772 F.2d 1185, 1192 (5th Cir. 1985) (“When a nonresident defendant presents a motion to dismiss for lack of personal jurisdiction, the plaintiff bears the burden of establishing the district court’s jurisdiction over the nonresident.”). The minimum contacts requirement can be met through contacts sufficient to confer either specific or general jurisdiction. Cent. Freight Lines, Inc. v. APA Transp. Corp., 322 F.Sd 376, 381 (5th Cir.2003) (citation omitted).

Specific jurisdiction exists “[w]hen a nonresident defendant has purposefully directed its activities at the forum state and the litigation results from alleged injuries that arise out of or relate to those activities.” Id. (citation omitted). “The non-resident’s purposefully directed activities in the forum must be such that he could reasonably anticipate being haled into court in the forum state.” Clemens v. McNamee, 615 F.3d 374, 378 (5th Cir.2010) (citing Burger King, 471 U.S. at 474, 105 S.Ct. 2174). See also Choice Healthcare, [539]*539Inc. v. Kaiser Foundation Health Plan of Colo., 615 F.3d 364, 369 (5th Cir.2010) (“The ‘purposeful availment’ element ensures that a defendant will not be haled into court in a jurisdiction solely as a result of random, fortuitous, or attenuated contacts or the unilateral activity of another person or third party.”).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
838 F. Supp. 2d 535, 2012 WL 149518, 2012 U.S. Dist. LEXIS 5677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-profile-design-llc-txsd-2012.