InfoSpan, Inc. v. Emirates NBD Bank PSJC

A defendant that timely asserts that the district court lacks personal jurisdiction and litigates the issue to an adverse decision from the district court does not waive the personal jurisdiction defense by vigorously litigating defenses to the merits, including by asserting counterclaims against other parties. The Ninth Circuit reversed the district court's judgment compelling arbitration of contract claims and held that the Bank was entitled to litigate its defenses and counterclaims in a related matter between similar parties without waiving the issue of personal jurisdiction, because the Bank had timely asserted the personal jurisdiction defense and received an adverse ruling (that jurisdiction was proper) from the district court. The panel remanded for dismissal based on lack of personal jurisdiction. View "InfoSpan, Inc. v. Emirates NBD Bank PSJC" on Justia Law