Opinion

Travis v. Asustek Computer Inc

Court
District Court, W.D. Arkansas
Filed
Mar 30, 2021
Cited by
0 cases
Authority
More cited than 17.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

HOT SPRINGS DIVISION

STACIA TRAVIS, as personal representative of

the ESTATE OF LINDA CHARMEL CAMP,

deceased; and JUSTIN CAMP PLAINTIFFS

v. Case No. 6:19-cv-06118 SOH

ASUSTEK COMPUTER, INC.; ASUS

COMPUTER INTERNATIONAL, INC.;

BEST BUY STORES, L.P.; SIMPLO

TECHNOLOGY COMPANY, LTD.; SIMPLO

TECHNOLOGY USA LOGISTIC

COMPANY, LTD.; SAMSUNG SDI CO.,

LTD.; AND SAMSUNG SDI AMERICA, INC. DEFENDANTS

ORDER

Before the Court is an Amended Motion to Dismiss filed by Separate Defendant Simplo

Technology Co., Ltd. (“Simplo Taiwan”). (ECF No. 93).1 On May 18, 2020, Simplo Taiwan filed

its initial Motion to Dismiss. (ECF No. 58). Plaintiffs filed a response. (ECF No. 62). Simplo

Taiwan filed a reply. (ECF No. 75). On January 7, 2021, Simplo Taiwan filed their amended

Motion to Dismiss. (ECF No. 93). On January 19, 2021, Plaintiffs filed a response to that amended

Motion to Dismiss. (ECF No. 96). The Court finds the matter ripe for consideration.

I. BACKGROUND

This case is a wrongful death and product liability action. Plaintiffs are citizens of Arkansas

who reside in Garland County, Arkansas. Defendant Simplo Taiwan is a corporation,

1 While Defendant’s Motion is referred to as an Amended Motion to Dismiss, the Court considers the motion

supplementary to Defendant’s arguments in it’s previous filings.

headquartered in Taiwan, that manufactures batteries for Separate Defendant ASUS Computer

International, Inc. On November 12, 2017, Linda Charmel Camp died due to a fire allegedly caused

by a laptop computer and its parts. Stacia Travis, as personal representative of the estate of Linda

Charmel, along with Charmel’s son, Justin Camp, bring this case against Defendants.

II. DISCUSSION

In the instant motion, Simplo Taiwan moves for dismissal based on lack of personal

jurisdiction, failure to effectuate service of process, and inconvenient forum. The Court will only

address personal jurisdiction as it did not find it necessary to address the other two arguments.

A. Personal Jurisdiction

Defendant Simplo Taiwan argues that this case should be dismissed for lack of personal

jurisdiction because it is headquartered in Taiwan, the incident occurred in Arkansas, and it does

not have sufficient contacts with Arkansas for the Court to exercise personal jurisdiction over the

corporation.

A party may move to dismiss for lack of personal jurisdiction. Fed. R. Civ. P. 12(b)(2). To

defeat a Rule 12(b)(2) motion, a plaintiff must make a prima facie showing of jurisdiction. Bell

Paper Box, Inc. v. U.S. Kids, Inc., 22 F. 3d 816, 818 (8th Cir. 1994). This prima facie showing

must be tested, not by the complaint alone, but “by the affidavits and exhibits presented with the

[motion to dismiss] and in opposition thereto.” Block Indus. V. DHJ Indus., Inc., 495 F.2d 256,

260 (8th Cir. 1974). If a court does not hold a hearing on personal jurisdiction and instead bases

its determination on the parties’ written submissions, the court must view the facts in the light most

favorable to the nonmoving party. Dakota Indus., Inc. v. Dakota Sportswear, Inc., 946 F.2d 1384,

1387, (8th Cir. 1991).

A federal court sitting in diversity may assume jurisdiction over a nonresident defendant

to the extent permitted by the forum state’s long-arm statute and the Due Process Clause. Dever v.

Hentzen Coatings, Inc., 380 F.3d 1070, 1073 (8th Cir. 2004) (quoting Morris v. Barkbuster, Inc.,

923 F.2d 1277, 1280 (8th Cir. 1991)). Arkansas’s long-arm statute provides that: “[t]he courts of

this state shall have personal jurisdiction of all persons, and all causes of action or claims for relief,

to the maximum extent permitted by the due process of law clause of the Fourteenth Amendment

of the United States Constitution.” Ark. Code Ann. § 16-4-101(B).

The question before the Court is whether exercising personal jurisdiction over Simplo

Taiwan is consistent with the due process clause of the Fourteenth Amendment. The Fourteenth

Amendment permits the exercise of personal jurisdiction over a nonresident defendant who has

“certain minimum contacts with [the forum state] such that the maintenance of the suit does not

offend ‘traditional notions of fair play and substantial justice.’” Int’l Shoe Co. v. Washington, 326

U.S. 310, 316 (1945) (quoting Milliken v. Meyer, 311 U.S. 457, 463 (1940)). The defendant’s

conduct and connection with the state must be such that the defendant should “reasonably

anticipate being haled into court there.” World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286,

297 (1980). Personal jurisdiction requires some act by which defendant purposely availed himself

of the privilege of conducting activities within Arkansas, thus invoking the benefits and protections

of its laws. Dever v. Hentzen Coatings, Inc., 380 F.3d 1070, 1073 (8th Cir. 2004) (citing Hanson

v. Denckla, 357 U.S. 235, 253 (1958)). If the Court determines that defendant has minimum

contacts with Arkansas, it may consider “whether the assertion of personal jurisdiction would

comport with ‘fair play and substantial justice.’” See id. (quoting Burger King Corp. v. Rudzewicz,

471 U.S. 462, 476 (1985)).

Courts consider the following factors when resolving a personal jurisdiction inquiry, with

significant weight given to the first three factors: (1) the nature and quality of a defendant’s

contacts with the forum state; (2) the quantity of such contacts; (3) the relation of the cause of

action to the contacts; (4) the interest of the forum state in providing a forum for its residents; and

(5) the convenience of the parties. Id. at 1073-74. However, the third factor is considered only in

a specific-jurisdiction analysis. See Miller v. Nippon Carbon Co., Ltd., 528 F.3d 1087, 1091 (8th

Cir. 2008). Moreover, the fourth and fifth factors relate to the Court’s consideration of “traditional

notions of fair play and substantial justice” in the due process analysis. See Lakin v. Prudential

Servs., Inc., 348 F.3d 704, 712 (8th Cir. 2003).

There are two theories for evaluating minimum contacts: general jurisdiction and specific

jurisdiction. Id. The Court will separately address each.

1. Specific Jurisdiction

Under the theory of specific jurisdiction, the Court may hear this case if Simplo Taiwan

has purposefully directed its activities to the forum state. Burger King Corp., 471 U.S. at 472. The

placement of the product in the stream of commerce with an awareness that the final product was

being marketed in the forum State is sufficient to support jurisdiction over a non-resident

defendant. Asahi v. Metal Indus. Co. v. Superior Court of California, 480 U.S. 102, 107 S. Ct.

1026 (1987). Mere foreseeability or knowledge that the product could be in the forum state is not

sufficient to support personal jurisdiction over a non-resident defendant. J. McIntyre Machinery,

Ltd. v. Nicastro, 564 U.S. 873 (2011).

Simplo Taiwan argues that manufacturing the battery placed into the laptop in question is

insufficient to establish specific jurisdiction. Simplo Taiwan is a corporation with its principal

place of business in Taiwan and states that it has never sold any products to entities in Arkansas,

has never shipped products to entities in Arkansas, does not have distributors in Arkansas, and has

no knowledge of products being sold in Arkansas. (ECF No. 58-1, p. 2). While the placement of

Simplo Taiwan’s battery in laptops and placement of said product in the state of Arkansas is likely

foreseeable, that is not sufficient to exercise specific jurisdiction over Simplo Taiwan. Moreover,

Plaintiffs have not presented any evidence that Simplo Taiwan engaged in activities purposely

directed at residents of the forum state. Accordingly, specific jurisdiction cannot be found here.

2. General Jurisdiction

Under the theory of general jurisdiction, the Court may hear this case if Simplo Taiwan has

“continuous and systematic” contacts with Arkansas as to render it “essentially at home” in

Arkansas, even if the injuries at issue in this lawsuit did not arise out of Simplo Taiwan’s activities

directed at Arkansas. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915, 919

(2011). The standard for general jurisdiction is demanding, as “only a limited set of affiliations

with a forum will render a defendant amenable to all-purpose jurisdiction there.” Daimler AG v.

Bauman, 571 U.S. 117, 137 (2014). “For a corporation, it is . . . the place of incorporation and

principal place of business.” Id. In other words, “[t]o exercise general jurisdiction over a

corporation or individual, generally the party in question must be a citizen of the subject

jurisdiction.” Henry Law Firm v. Cuker Interactive, LLC, No. 5:18-cv-5066-TLB, 2018 WL

3025959, at *4 (W.D. Ark. June 19, 2018), appeal dismissed, No. 19-1254 (8th Cir. Feb. 19, 2019).

However, this does not “foreclose the possibility that in an exceptional case, a corporation’s

operations in a forum other than its [paradigm forum] may be so substantial and of such a nature

as to render the corporation at home in that State.” Daimler, 571 U.S. at 139 n.19 (internal citation

omitted).

Plaintiff has not shown that Simplo Taiwan had any contact with the state of Arkansas

other than manufacturing a battery that was present in the state. Plaintiffs argue that because

Simplo Taiwan’s products are sold in Arkansas and because it has five United States hub service

locations, including two of which border Arkansas,2 Simplo Taiwan’s actions are continuous and

systematic. However, the fact that some of these locations border Arkansas does not qualify

Simplo Taiwan’s conduct as continuous and systematic.

As provided in Daimler, the inquiry is no longer whether a foreign defendant’s in-forum

contacts are in some sense “continuous and systematic,” but rather whether the defendant’s in-

forum contacts are so “continuous and systematic as to render [it] essentially at home in the forum

state.” Daimler AG v. Bauman, 571 U.S. 117, 138-39 (alteration in original). Plaintiffs present no

evidence that Simplo Taiwan is domiciled in Arkansas. Moreover, Plaintiffs present no evidence

that Simplo Taiwan is incorporated in or has a principal place of business in Arkansas. Plaintiffs

provide no evidence that Simplo Taiwan has entered into a contract concerning Arkansas or has

any knowledge of business in Arkansas. Simply, there is no evidence to show any conduct by

Simplo Taiwan in relation to the state of Arkansas. The facts establish that Simplo Taiwan is

headquartered in Taiwan, that it does not have an office in Arkansas, and that Simplo Taiwan has

no significant connections with the state of Arkansas. Accordingly, general jurisdiction cannot be

found here.

2 Defendant Simplo Taiwan has five hub service locations in the United States, including Nevada, California, Texas,

Tennessee, and Ohio. (ECF No. 63, p.11).

III. CONCLUSION

For the above-stated reasons, the Court lacks personal jurisdiction over Simplo Taiwan.

The Court finds that Simplo Taiwan’s initial Motion to Dismiss (ECF No. 58) and it’s amended

Motion to Dismiss (ECF No. 93) should be and hereby is GRANTED. The claims against Separate

Defendant Simplo Taiwan are hereby DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED, this 30th day of March, 2021.

/s/Susan O. Hickey

Susan O. Hickey

Chief United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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