Legal Opinion

Charles Trois v. Apple Tree Auction Center, Inc, e

Court of Appeals for the Fifth Circuit

Decided February 5, 2018No. 16-51414PublishedCited by 128 opinions

1Opinion of the CourtE. Grady Jolly, Circuit Judge

This appeal presents issues of personal jurisdiction and venue. A Texas citizen sued Ohio citizens in a Texas court based on two distinct claims: first, breach of a contract executed and performed in Ohio; and second, fraudulent misrepresentation made during a conference call from Ohio to Texas. The question thus before us is whether the Texas court may properly assert personal jurisdiction over the Ohio defendants in each or either claim, and if so, whether the Texas court is the proper venue. We hold that the breach-of-contract claim cannot be tried in the Texas courts, but the fraud claim,…

2Cases cited29 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Burger King Corp. v. RudzewiczSupreme Court of the United States · 1985
  3. Walden v. FioreSupreme Court of the United States · 2014
  4. Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.Supreme Court of the United States · 2013
  5. Thomas W. Wilson v. David W. Belin and G. Robert BlakeyCourt of Appeals for the Fifth Circuit · 1994

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3Cited by128 opinions

  1. Jose Carmona v. Leo Ship Management, Inc.Court of Appeals for the Fifth Circuit · 2019
  2. Power Invs., LLC v. SL EC, LLCCourt of Appeals for the Sixth Circuit · 2019
  3. Danziger v. MorganCourt of Appeals for the Fifth Circuit · 2022
  4. Savoie v. PritchardCourt of Appeals for the Fifth Circuit · 2024
  5. Northwest Cattle Feeders, LLC, Riley Livestock, Inc., and Jeff Cox v. Jason O'Connell and Tom O'Connell, Texas Court of Appeals, 2nd District (Fort Worth)2018

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