Tobacco Merchants Ass'n v. Broin

How courts have described this case

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

• holding that if the plaintiff raises conflicting facts, the trial court should hold a limited evidentiary hearing to resolve any disputed facts relating to jurisdiction.
• holding that where a defendant contests jurisdiction with a legally sufficient affidavit and the plaintiff fails to provide sworn proof as to the basis of jurisdiction, the trial court must grant the defendant’s motion to dismiss
• trial court should hold a limited evidentiary hearing to resolve disputed factual issues pertaining to jurisdiction
• “If no such sworn proof is forthcoming from the plaintiff as to the basis for jurisdiction, the trial court must grant the defendant’s motion to dismiss.”
• “If the plaintiff files a counter-affidavit raising conflicting facts, the trial court should then hold a limited evidentiary hearing to resolve any disputed facts relating to jurisdiction.”
• \The plaintiffs' failure to respond with a counter-affidavit or other sworn proof establishing the basis for the exercise of personal jurisdiction defeated the exercise\ of personal jurisdiction over the defendant. (footnote omitted)

Source: CourtListener parenthetical corpus (CC0).