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Court Watch
Franchisor's Web Site and Franchise in New Mexico Did Not Create Personal Jurisdiction over Franchisor in State
The New Mexico Court of Appeals (the state's intermediate appellate court) has ruled that a home inspection franchisor's “passive” Web site did not confer personal jurisdiction over the franchisor in New Mexico in an action commenced by a dissatisfied customer. The fact that the franchisor had a franchisee in the state was also insufficient to confer personal jurisdiction over the franchisor, the court ruled. Sandra Sublett v. Scott Wallin and Pillar To Post, Inc., 94 P.3d 845, __ N.M. __, (N.M. Ct. App. 2004).
After Sandra Sublett discovered that the home inspection performed by a Pillar To Post franchisee had failed to reveal that the pipes in the radiant floor heating system of her new house were made from an allegedly defective material, she filed suit against the franchisee and Pillar To Post, alleging negligence, negligent misrepresentation, fraud, and other legal violations. The lower court granted Pillar To Post's motion to dismiss for lack of personal jurisdiction. Sublett appealed, and the New Mexico Court of Appeals affirmed the dismissal.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.