“We are very pleased for our client and all Georgians to see such a soundly reasoned decision confirming that Georgia’s longstanding jurisdictional law comports with due process," says Attorney Cale Conley.
ATLANTA (PRWEB) September 30, 2021
In Cooper Tire v. Mcall, McCall (case # S20G1368) sued Cooper Tire for negligence, strict product liability, and punitive damages. He also asserted claims against the driver, a Georgia resident, and the Georgia car dealership that sold the vehicle to the driver. Cooper Tire answered the complaint, raising numerous defenses, including lack of personal jurisdiction. It also filed a motion to dismiss, arguing that as a nonresident corporate defendant with only minimal contacts in Georgia, it is not subject to personal jurisdiction in this state. An accompanying affidavit from Cooper Tire’s corporate counsel established that Cooper Tire is incorporated in Delaware and maintains its principal place of business in Ohio.
In its reply, Cooper Tire did not dispute that it has been authorized to always transact business in Georgia relevant to this suit. It argued, however, that such circumstances do not make it a Georgia resident for jurisdictional purposes. The trial court agreed and granted Cooper Tire’s motion to dismiss.
On appeal, the Court of Appeals reversed the trial court, concluding that under Klein, “Cooper Tire is a resident corporation subject to personal jurisdiction in this state, [and] the trial court erred in granting the motion to dismiss.
Arguing attorneys, Cale Conley, Scott Farrow and Will Owens released this statement following the ruling, “We are very pleased for our client and all Georgians to see such a soundly reasoned decision confirming that Georgia’s longstanding jurisdictional law comports with due process. Georgia’s statutory scheme and the interpretation of it by the Court have been clear and workable for 30 years and in the time period since the Klein case in 1992, Georgia has become one of the friendliest places in the country to do business. Nothing about today’s decision should change the business-friendly trajectory of our state or we would have seen that happen already. We thank the Court for declining Cooper Tire’s invitation to replace Georgia’s longstanding and functioning system with something that would invite chaos and effectively inoculate corporations from liability entirely in this State."
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