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Evans Cabinet Corp. v. Kitchen Int'l, Inc., No. 08-2579

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By FindLaw Staff on February 03, 2010 3:53 PM

In plaintiff's action for breach of contract and quantum meruit, district court's entry of judgment in favor of the defendant based on an earlier judgment entered by the Superior Court of Quebec is reversed and remanded where: 1) it is clear that genuine issues of fact remain to be resolved  before the authority of Quebec to exercise personal jurisdiction over defendant can be established; and 2) district court's analysis of jurisdiction is deficient as absent from the district court's analysis is any discussion of the "Gestalt factors," which a court must consider to determine the fairness of subjecting the defendant to a foreign jurisdiction.   

Read Evans Cabinet Corp. v. Kitchen Int'l, Inc., No. 08-2579

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided February 3, 2010

Judges

Before:  Lynch, Chief Judge, Torruella and Ripple, Circuit Judges

Opinion by  Circuit Judge Ripple

Counsel

For Appellant:  Charles K. Reed, Michael Freed, McKenna Long & Aldridge LLP

For Appellee:    Edward J. Fallman

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