Emery

Emery v. BioPort Corp.

Good Law
273 F. App'x 694
United States Court of Appeals for the Ninth CircuitApril 16, 2008No. 06-36038California817 words

Opinion

Lead Opinion

*695 MEMORANDUM *

Plaintiff, Dale Emery, seeks review of the district court’s dismissal of his suit against BioPort Corporation (“BioPort”) for lack of general personal jurisdiction. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Emery, a Washington resident, was inoculated with Anthrax Vaccine Adsorbed (“AVA”) while serving in Texas aboard a ship under contract with the U.S. Navy. Emery subsequently developed erosive rheumatoid arthritis, which he attributes to his inoculation with AVA. Emery filed suit against BioPort, the Michigan-based manufacturer of AVA, in federal district court in Washington. That court dismissed his suit for lack of both specific and general personal jurisdiction. Emery appeals only from the district court’s conclusion that it lacks general jurisdiction over his claim. We review the district court’s determination de novo. See Tuazon v. R.J. Reynolds Tobacco Co., 433 F.3d 1163, 1168 (9th Cir.2006).

A court may exercise general jurisdiction where “continuous corporate operations within a state [are] thought so substantial ... as to justify suit against it on causes of action arising from dealings entirely distinct from those…

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