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Attorney Jim Goggin Represents Plaintiff in a Jurisdiction Against German Corporation

October 8, 2018 Media Mentions

On September 20, 2018, Massachusetts Lawyers Weeklymentioned attorney Jim Goggin in an article entitled, "Foreign Company's Sales Subject it to Jurisdiction." The 1st U.S. Circuit Court of Appeals ruled that it did not offend the Due Process Clause of the Constitution to exercise jurisdiction against this German corporation that sold online to United States customers. The defendant failed to prevent sales to U.S. users on its website and, therefore, had been accepting payment from U.S. customers for over three years. Jim represented the plaintiff in the case and pointed to the significance the 1st Circuit placed on the defendant's failure to prevent U.S. customer access to its website. Jim states that the company should have heeded the admonition about using geo-blocking software or put disclaimers on its website to make clear where they do business.

The court concluded "that the German company could have 'reasonably anticipated' the exercise of specific personal jurisdiction based on its U.S. contacts."

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