COVISTA COMMUNICATIONS, INC. v. OORAH, INC. d/b/a CUCUMBER COMMUNICATIONS, INC. - Articles

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Posted by: Tanja Trezise on Nov 14, 2012

Court: TN Court of Appeals

Attorneys 1:

William H. Horton, Chattanooga, Tennessee, for the appellant, Covista Communications, Inc.

Attorneys 2:

Sam D. Elliott, Chattanooga, Tennessee, and Steven G. Storch and Matthew D. Kane, New York, New York, for the appellee, Oorah, Inc. d/b/a Cucumber Communications, Inc.

Judge(s): MCCLARTY

This appeal involves in personam jurisdiction over an out-of-state defendant. The chancery court granted the defendant’s motion to dismiss for lack of personal jurisdiction pursuant to Rule 12.02(2) of the Tennessee Rules of Civil Procedure. The court found that the defendant had not purposely availed itself of the privilege of doing business in Tennessee and did not have sufficient contacts with Tennessee to be subjected to jurisdiction in this state. The plaintiff, a corporation that claims its principal place of business is in Tennessee, appeals. We find that the circumstances do not support the exercise of personal jurisdiction over the defendant foreign corporation by a Tennessee court. Accordingly, we affirm.

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