Bit Parts

The U.S. Court of Appeals for the Third Circuit affirmed the dismissal of a suit alleging that representatives of the Rolling Stones withdrew promised support for the plaintiff's book, “Love You Live, Rolling Stones: Fanfare from the Common Fan.” Regan v. Loewenstein, 07-3266. The appeals court agreed there was a lack of personal jurisdiction over the defendants under the long-arm statute of Pennsylvania, where the plaintiff resides. The appeals court noted in an unpublished opinion: “Even assuming, arguendo, that a contract ever existed in this case, which is far from clear, the 'prior negotiations and contemplated future consequences' are insufficient to establish minimum contacts between the Defendants and Pennsylvania. The District Court found that '[t]he evidence submitted by Plaintiffs shows only that Plaintiff contacted Defendants seeking their approval and cooperation …' and that '[o]ther than responding to Plaintiff's request for Defendants' support of her book, Defendants did not solicit the contract or initiate a business relationship leading up to the contract.' ' Such unilateral communications cannot constitute purposeful availment by the Defendants.”