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· 7/20/2012

Pervasive Software, Inc. v. Lexware GMBH & Co. KG

Citations

  • 688 F.3d 214
  • 2012 WL 2948543
  • 2012 U.S. App. LEXIS 14943

How courts have described this case

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

  • holding that “the presence of a choice-of-law clause is not sufficient in itself to establish personal jurisdiction”
  • holding that defendant was not subject to personal jurisdiction where tort of conversion did not occur “in whole or in part” in Texas
  • concluding that where there was no personal jurisdiction over breach of contract claim, there was likewise no personal jurisdiction over claims for unjust enrichment and quantum meruit claims arising out of the same transaction
  • holding jurisdiction “did not arise out of or result from the relatively sparse contacts involving Lexware’s fifteen internet website sales of its products to twelve Texas billing addresses.”
  • holding jurisdiction “did not arise out of or result from the relatively sparse contacts involving Lexware’s fifteen internet website sales of its products to twelve Texas billing addresses”
  • finding that a defendant did not make minimum contacts with a forum or purposefully avail itself of the protections and benefits of that forum’s laws by merely forming a contract

Source: CourtListener parenthetical corpus (CC0).

Judges: Dennis, Clement, Higginson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.