Filing a Motion to Dismiss for Lack of Personal Jurisdiction – Amazon Seller Lawsuits
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“Hey CJ, I’m a seller. I’m located in California and I just got sued in your home state of New York. What can I do?”
I get this type of question all the time. What pops into my head immediately is what’s called jurisdiction.
Jurisdiction is a fancy word for when a court has power over you. If you are delivering products into New York, chances are, you’re going to be subject to the power of New York courts. You will be under the court’s jurisdiction.
If you never sold any products into New York, if you never did any business in New York, you don’t live in New York, you don’t own any property in New York, you haven’t availed yourself to the benefits of New York state, then maybe that court in New York, where you were sued, has no power over you.
The very first thing you should do in response to that lawsuit is ask the court to throw it out because the court lacks personal jurisdiction over you and your business.
If you want to learn more, what you should do if you get sued, or if you’re really getting harmed by someone else’s conduct and you want to talk about whether it’s worthwhile to actually file a lawsuit against another seller or a brand, contact me for a free consultation.
CALL 1-877-9-SELLER FOR A FREE CONSULTATION OR SUBMIT A CASE ONLINE