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December 23, 2020

SCOTUS Due to Provide Guidance on the “Arising from or Related to” Inquiry for Specific Jurisdiction

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Earlier this month Derek Tarver, Stephanie Simm and Morgan Drapeau had an article featured in the 4th quarter newsletter of FOCUS on the South Carolina Chapter, an ACC publication.

In 2013, a used pick-up truck was traded into a dealership in Texas City, Texas, by Mark Oberholtzer of Mark-1 Plumbing, Inc. The truck had been used primarily for work purposes by Oberholtzer, and bore “Mark-1 Plumbing” decals, which the dealership assured would be removed before resale. The dealership then sold the truck to a buyer in Turkey – decals intact. The buyer shipped the truck to Syria where, in 2015, ISIS equipped it with a Soviet-made 23-mm twin-barreled anti-aircraft autocannon and tweeted a photo of the truck racing down a dirt road, guns blazing, with the “Mark-1 Plumbing” decals clearly visible. Oberholtzer and Mark-1 sued the dealership in Texas state court for negligence, libel, and deceptive trade practices, among other claims.

Click here to continue reading the article.

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