Suncast Corporation v. Thurman

CourtDistrict Court, N.D. Illinois
DecidedAugust 27, 2025
Docket1:25-cv-09965
StatusUnknown

This text of Suncast Corporation v. Thurman (Suncast Corporation v. Thurman) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Suncast Corporation v. Thurman, (N.D. Ill. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

SUNCAST CORPORATION, ) ) Plaintiff, ) No. 25-CV-9965 ) v. ) Judge Jeffrey I. Cummings ) LOUIS THURMAN and KETER ) PLASTICS, LTD., ) ) Defendants. )

MEMORANDUM OPINION AND ORDER

Plaintiff Suncast Corporation (“Suncast”), an in-state employer, brings this action against Louis Thurman (“Thurman”), its out-of-state, former employee, and Keter Plastics, Ltd. (“Keter”), an out-of-state entity. Suncast, a designer, manufacturer, and distributor of resin products, hired Thurman, who lives in Georgia, in February 2022. In connection with his work at Suncast, Thurman signed the Suncast Corporation Trade Secret and Confidentiality Agreement (“Confidentiality Agreement”) and the Employee Cell Phone Allowance Agreement (the “Cell Phone Agreement”). Approximately three-and-a-half years later, in August 2025, Thurman resigned and joined one of Suncast’s competitors, Keter U.S. Inc. In this action, Suncast alleges that (1) defendants violated the Illinois Trade Secrets Act, 765 ILCS 1065/1 et seq.; (2) Thurman breached the Confidentiality Agreement and the Cell Phone Agreement; (3) Thurman breached his fiduciary duties; (4) Keter aided and abetted Thurman’s breach of fiduciary duties; and (5) Keter tortiously interfered with the Confidentiality Agreement. Keter and Thurman have separately moved to dismiss Suncast’s complaint for lack of personal jurisdiction. Plaintiff filed responses, (Dckt. ##19, 20), and each defendant replied, (Dckt. ##21, 22). For the reasons explained below, Keter’s motion to dismiss, (Dckt. #10), is granted and Thurman’s motion to dismiss, (Dckt. #16), is denied. I. Legal Standard A challenge to a court’s exercise of personal jurisdiction over a defendant is made under Federal Rule of Civil Procedure 12(b)(2). “Federal courts ordinarily follow state law in

determining the bounds of their jurisdiction over persons.” Walden v. Fiore, 571 U.S. 277, 283 (2014), quoting Daimler AG v. Bauman, 571 U.S. 117, 134 (2014). Illinois employs a long-arm statute which applies the same standard as federal due process: a defendant must have sufficient contacts with the forum state “such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.” Brook v. McCormley, 873 F.3d 549, 552 (7th Cir. 2017), quoting Int’l Shoe Co. v. Washington, 326 U.S. 310, 316 (1945). Physical presence in the forum state is not required, but there must be sufficient minimum contacts such that the defendant “should reasonably anticipate being haled into court there.” Brook, 873 F.3d at 552. A plaintiff may demonstrate personal jurisdiction over a defendant through either general

or specific jurisdiction. See Mobile Anesthesiologists Chi., LLC v. Anesthesia Assocs. of Hous. Metroplex, P.A., 623 F.3d 440, 444 (7th Cir. 2010). General jurisdiction exists when a defendant’s “affiliations with the State are so ‘continuous and systematic’ as to render them essentially at home in the forum State.” Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915, 919 (2011) (cleaned up). In contrast to general jurisdiction, “specific jurisdiction is confined to adjudication of issues deriving from, or connected with, the very controversy that establishes jurisdiction.” Id. (cleaned up). Plaintiff bears the burden of establishing that personal jurisdiction exists. Advanced Tactical Ordnance Systems, LLC v. Real Action Paintball, Inc., 751 F.3d 796, 799 (7th Cir. 2014); uBID, Inc. v. GoDaddy Group, Inc., 623 F.3d 421, 423– 24 (7th Cir. 2010). To determine whether Suncast has met its burden here, this Court may consider affidavits from both parties. Felland v. Clifton, 682 F.3d 665, 672 (7th Cir. 2012). However, where, as here, the court rules on defendant’s motion to dismiss based on the submission of written

materials and without the benefit of an evidentiary hearing, the plaintiff “need only make out a prima facie case of personal jurisdiction.” Purdue Rsch. Found. v. Sanofi-Synthelabo, S.A., 338 F.3d 773, 782 (7th Cir. 2003) (cleaned up). “In evaluating whether the prima facie standard has been satisfied, the plaintiff is entitled to the resolution in its favor of all disputes concerning relevant facts presented in the record.” Id. (cleaned up). With these principles in mind, the Court turns to the arguments presented in defendants’ motions. II. Discussion Defendants argue that this Court lacks personal jurisdiction over them. As explained

below, Suncast has made a prima facie showing that personal jurisdiction is proper over Thurman, but not Keter. A. Plaintiff Fails to Make Out a Prima Facie Case of Personal Jurisdiction Over Keter.

1. General Jurisdiction “There are two ‘exemplar bases’ where an organization is ‘essentially at home’ for general-jurisdiction purposes: its state of incorporation and principal place of business.” Tagliere v. Horseshoe Hammond, LLC, No. 22 C 6176, 2023 WL 3886135, at *2 (N.D.Ill. June 8, 2023), quoting Daimler AG, 571 U.S. at 137; see also Kipp v. Ski Enter. Corp. of Wisconsin, 783 F.3d 695, 968 (7th Cir. 2015) (“[T]he Court has identified only two places where [an organization is ‘essentially at home’]: the state of the corporation’s principal place of business and the state of its incorporation.”). Neither basis applies here. As alleged in Suncast’s complaint, (Dckt. #1-1 at 6), and confirmed by the Declaration of Nir Palistrant, (Dckt. #10-1 at 70), Keter is an Israeli limited liability company that was organized under Israeli law. Keter does not have a principal place of business, any offices, or any employees in Illinois. (Id. at 71).

Suncast nonetheless argues that this Court can exercise general jurisdiction over Keter based on the fact that Keter “regularly ships substantial products” to Illinois, (Dckt #19 at 4), “sells a plethora of its products to customers in Illinois,” (id. at 3), and maintains “major” relationships with clients based in Illinois, (id. at 4). To the contrary, when faced with similar facts, courts have held that they lack general jurisdiction over the foreign corporation. See, e.g., Roller Bearing Co. of Am., Inc. v. MostonTR Pazarlama Dokum Ve Makina San., Ltd. Sti., No. 20 C 6924, 2021 WL 5882146, at *4 (N.D.Ill. Dec. 12, 2021) (finding the court lacked jurisdiction over defendant who “merely ships a substantial amount of products” to Illinois); Shrum v. Big Lots Stores, Inc., No. 3:14-CV-03135-CSBDGB, 2014 WL 6888446, at

*7 (C.D.Ill. Dec. 8, 2014) (finding “fairly extensive and deliberate” contacts with Illinois far beyond the contacts alleged here—including having a physical facility, registering to do business, and maintaining a registered agent—were not sufficient contacts to exercise personal jurisdiction over foreign corporation).

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Suncast Corporation v. Thurman, Counsel Stack Legal Research, https://law.counselstack.com/opinion/suncast-corporation-v-thurman-ilnd-2025.