# Dayhoff Inc. v. H.J. Heinz Co.

> Court of Appeals for the Third Circuit · June 24, 1996 · 86 F.3d 1287

URL: https://www.frixlaw.com/law-library/cases/9815988

## Case

- **Full name:** DAYHOFF INC., a California Corporation, Appellant, v. H.J. HEINZ CO., a Pennsylvania Corporation; Heinz Italia S.P.A., an Italian Corporation; Heinz Dolciaria S.P.A., Formerly Known as Sperlari S.P.A., an Italian Corporation; Sperlari S.R.L., an Italian Corporation; And Hershey Foods Corporation, a Delaware Corporation
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** June 24, 1996
- **Citations:** 86 F.3d 1287; 1996 WL 343823
- **Opinion:** On rehearing
- **Judges:** Greenberg, Alito, McKee
- **Cited by:** 61 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9815988

## How later opinions describe it (automated extraction)

- holding “once a defendant has raised a jurisdictional defense, a plaintiff bears the burden of proving . . . that jurisdiction is proper.”
- holding a plaintiff may rely on “affidavits or other competent evidence [to demonstrate] that jurisdiction is proper”
- finding that a successor to a signatory could compel arbitration

## Opinion text

SUR PETITION FOR REHEARING BEFORE ORIGINAL PANEL ORDER AMENDING SLIP OPINION
July 24, 1996
The petition for rehearing filed by the appellees, H.J. Heinz Co., Heinz Italia S.p.A., Heinz Dolciaria S.p.A., Sperlari, s.r.l. and Hershey Foods Corporation, in the above captioned matter having been submitted to the judges who participated in the decision of this court and the panel having determined to grant the petition but only to the extent of amending the panel opinion. [Editor’s Note: Amendments incorporated for purposes of publication.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9815988. Public record. Not legal advice.