Legal Opinion · Dissent

K. Morrill v. Scott Financial Corp.

Court of Appeals for the Ninth Circuit

Decided October 23, 2017No. 14-16922Published

1DissentKleinfeld, Senior Circuit Judge

I respectfully dissent. The majority gets the law wrong and misapplies it to the extent it is stated correctly.

L

This is a civil procedure case arising from uncivil conduct by lawyers in hardball litigation. Because there have been no evi-dentiary findings or hearings, the plaintiff need make only a prima facie showing of jurisdiction, “the court resolves all disputed facts in favor of the plaintiff,”, and the allegations in the complaint are for purposes .of decision assumed to be true.1

In a now-settled Nevada lawsuit, Arizona lawyer K. Layne Morrill and his law firm represented developer…

2Cases cited20 opinions

  1. Walden v. FioreSupreme Court of the United States · 2014
  2. Calder v. JonesSupreme Court of the United States · 1984
  3. Schwarzenegger v. Fred Martin Motor Co.Court of Appeals for the Ninth Circuit · 2004
  4. Ahanchian v. Xenon Pictures, Inc.Court of Appeals for the Ninth Circuit · 2010
  5. Pebble Beach Company, a California General Partnership v. Michael Caddy, an IndividualCourt of Appeals for the Ninth Circuit · 2006

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