Newman LLP Wins Federal Appeal Setting the Legal Standard for Personal Jurisdiction

Newman LLP attorneys Derek Newman, Jessica Newman, Keith Scully, and Jason Sykes won a decision for their client, Fluent, in the United States Court of Appeals for the Tenth Circuit setting a standard limiting personal jurisdiction. In the internet age, companies have been forced to defend lawsuits far from home because their email advertisements were viewed in plaintiffs’ foreign states. But Newman LLP argued to the federal appeals court that the United States Constitution doesn’t allow defendants to be sued anywhere except their home states and states they purposefully and knowingly target. Fluent, based in New York, is a New York based publicly traded online advertising company. Because the plaintiff didn’t have evidence that Fluent knowingly targeted it in Utah, the case was dismissed. Newman LLP has a uniquely successful record getting cases dismissed for defendant clients by challenging personal jurisdiction. Derek Newman has won personal jurisdiction dismissals based on his oral arguments before a state Supreme Court, two federal courts of appeals, and several federal district courts. See XMission, L.C. v. Fluent LLC, 955 F.3d 833 (10th Cir. 2020).