Marine Midland Bank, N.A. v. James W. Miller

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, after establishing its prima facie case, “the plaintiff must establish jurisdiction by a preponderance of the evidence, either at a pretrial evidentiary hearing or at trial”
• noting that, until an evidentiary hearing is held, “a prima facie showing suffices, notwithstanding any controverting presentation by the moving party, to defeat the motion” (emphasis added)
• noting that for jurisdictional purposes, unlike for liability purposes, use of control to commit a fraud or wrong is not required
• noting that, if a “full-blown evidentiary hearing” is not held, “a prima facie showing suffices, notwithstanding any controverting presentation by the moving party, to defeat the motion”
• finding that the fiduciary shield doctrine, which prevents courts from imputing the jurisdictional contacts 27 these cases is that, because the two corporations (or the corporation and its individual alter ego
• accepting for purposes of jurisdictional issue plaintiff’s account of what was discussed between parties at New York meeting

Source: CourtListener parenthetical corpus (CC0).