Legal Opinion
Bashaw v. Belz Hotel Management Co., Inc.
District Court, S.D. West Virginia
Decided January 10, 1995No. Civ. A. 3:94-0639PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
HADEN, Chief Judge.
Pending are the Defendants’ motion to dismiss and motion to transfer venue. For reasons that follow, the Defendants’ motion to dismiss based on lack of personal jurisdiction is DENIED but their motion to transfer venue is GRANTED.
I
This Court has previously stated the standard used to evaluate contested personal jurisdiction is:
When a court’s personal jurisdiction is contested by a Rule 12(b)(2) motion, the jurisdictional question raised is one for the court, and the plaintiff bears the burden of ultimately proving by a preponderance of the…
2Cases cited26 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Burger King Corp. v. RudzewiczSupreme Court of the United States · 1985
- World-Wide Volkswagen Corp. v. WoodsonSupreme Court of the United States · 1980
- Hanson v. DencklaSupreme Court of the United States · 1958
- Helicopteros Nacionales De Colombia, S. A. v. HallSupreme Court of the United States · 1984
21 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McJunkin Corp. v. Cardinal Systems, Inc.District Court, S.D. West Virginia · 2002
- P.M. Enterprises v. Color Works, Inc.District Court, S.D. West Virginia · 1996
- Miller v. SMS Schloemann-Siemag, Inc.District Court, S.D. West Virginia · 2002
- Branch Bank & Trust Ex Rel. Estates of Coyle v. Engine Components, Inc.District Court, S.D. West Virginia · 2005