American Fidelity Assurance Co. v. Bank of New York Mellon

MATHESON, Circuit Judge.

American Fidelity Assurance Company (“American Fidelity”) sued the Bank of New York Mellon (“BNYM”) in the Western District of Oklahoma for claims arising from BNYM’s conduct as Trustee of a trust holding mortgage-backed securities owned by American Fidelity. BNYM did not assert a personal jurisdiction defense in its first two motions to dismiss or in its answer. In its third motion to dismiss, BNYM argued it was not subject to general jurisdiction in Oklahoma. The district court denied the motion, concluding BNYM had waived the defense by failing to raise it in prior…