in the United States Court of Appeals for the Tenth Circuit

Name: Soma Medical International v. Standard Chartered Bank
Author: in the United States Court of Appeals for the Tenth Circuit

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in the United States Court of Appeals for the Tenth Circuit published works such as Soma Medical International v. Standard Chartered Bank. These writings evoke Utah, personal jurisdiction and Soma.

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in the United States Court of Appeals for the Tenth Circuit, Soma Medical International v. Standard Chartered Bank (1999)

“ First, personal jurisdiction is established when “a defendant clearly does business over the Internet,” such as entering into contracts which require the “knowing and repeated transmission of computer files over the Internet.” Second, exercising personal jurisdiction is not appropriate when the Internet use involves “ [a] passive Web site that does little more than make information available to those who are interested in it.” Under these circumstances, “a defendant has simply posted information on an Internet Web site which is accessible to users in foreign jurisdictions.” ”

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in the United States Court of Appeals for the Tenth Circuit, Soma Medical International v. Standard Chartered Bank (1999)

“ In its response to SCB’s motion to dismiss for lack of personal jurisdiction, Soma alleged that “Standard Chartered maintains an internet website offering information concerning Standard Chartered’s services and soliciting business from all over the planet, which allows access from anywhere, including Utah.” ”

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in the United States Court of Appeals for the Tenth Circuit, Soma Medical International v. Standard Chartered Bank (1999)

“ The long-arm statute itself defines the transaction of business broadly, as “activities of a non-resident person, his agents, or representatives in this state which affect persons or businesses within the state of Utah.” Utah Code Ann. § 78-27-23.
The Utah Supreme Court has stated that it “frequently make [s] a due process analysis first because any set of circumstances that satisfies due process will also satisfy the long-arm statute.” ”

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in the United States Court of Appeals for the Tenth Circuit, Soma Medical International v. Standard Chartered Bank (1999)

“ SII Megadiamond, Inc., 969 P.2d 430, 433 (Utah 1998) ; see also Far West Capital, Inc., 46 F. 3d at 1075 (proceeding directly to constitutional analysis) . Accordingly, we proceed to determine whether the exercise of personal jurisdiction over SCB meets federal due process standards.
“The Due Process Clause protects an individual’s liberty interest in not being subject to the binding judgments of a forum with which he has established no meaningful ‘contacts, ties, or relations.’” Burger King Corp., 471 U.S. 462, 471–72 (1985) (quoting International Shoe Co., 326 U.S. 310, 319 (1945) ) ”

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in the United States Court of Appeals for the Tenth Circuit, Soma Medical International v. Standard Chartered Bank (1999)

“ Third, a middle category encompasses “interactive Web sites where a user can exchange information with the host computer.” Whether the exercise of jurisdiction is appropriate depends upon “the level of interactivity and commercial nature of the exchange of information that occurs on the Web site.” ”

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in the United States Court of Appeals for the Tenth Circuit, Soma Medical International v. Standard Chartered Bank (1999)

“ Id. We review de novo the district court’s dismissal for lack of personal jurisdiction. Trierweiler, 90 F. 3d 1523, 1533 (10th Cir. 1996) .
Soma alleges it has made a prima facie showing of general and specific personal jurisdiction.
I. General Jurisdiction As the Utah Supreme Court has stated, “ [g] eneral personal jurisdiction permits a court to exercise power over a defendant without regard to the subject of the claim asserted. For such jurisdiction to exist, the defendant must be conducting substantial and continuous local activity in the forum state.” ”

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in the United States Court of Appeals for the Tenth Circuit, Soma Medical International v. Standard Chartered Bank (1999)

“ Soma filed this diversity action against SCB in federal district court in Utah, alleging breach of contract, negligence, breach of implied covenant, and civil conspiracy, all arising out of SCB’s wrongful disbursement of funds to Fong upon Fong’s unauthorized signature. Soma alleges consequential damages of $11,000,000. ”

in the United States Court of Appeals for the Tenth Circuit

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