Opinion
NO. 2013 CW 1745
12-10-2013
STATE FARM FIRE CASUALTY COMPANY AND CARROLL THORGUSON v. BARNETT, INC., INTERLINE BRANDS, INC., WATTS PLUMBING TECHNOLOGIES, ABC COMPONENT PARTS MANUFACTURER, AND XYZ SELLER
In Re: Watts Water Technologies, Inc., applying for supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 122717.
BEFORE: WHIPPLE, C.J., WELCH AND CRAIN, JJ.
WRIT DENIED. We deny the writ, finding no error in the trial court's judgment dated June 17, 2013, which denied the declinatory exception of lack of personal jurisdiction filed by the relator. Based on the evidence before us, the relator has purposefully availed itself of this state's forum through the activities of its subsidiary as well as by directing its activities at the citizens of this state. Relator failed to demonstrate that the exercise of jurisdiction over it would be unreasonable in light of traditional notions of fair play and substantial justice. Ruckstuhl v. Owens Corning Fiberglas Corp., 98-1126 (La. 4/13/99), 731 So.2d 881, cert. denied, 528 U.S. 1019, 120 S.Ct. 526, 145 L.Ed.2d 407 (1999).
VGW
JEW
Crain, J., dissents and would sustain the relator's exception. The evidence presented by respondents failed to establish that the relator had minimum contacts with the forum such that it purposefully availed itself of the privilege of conducting activities within the forum. Ruekstuhl v. Owens Corning Fiberglas Corp., 98-1126 (La. 4/13/99), 731 So.2d 881, cert. denied, 528 U.S. 1019, 120 S.Ct. 526, 145 L.Ed.2d 407 (1999). I would remand this matter to the district court for further proceedings in accordance with La. Code Civ. P. art 932 and afford respondents the opportunity to conduct discovery on the limited issue of relator's contacts with the forum state, and to remove the grounds of the objection by amendment of the petition within a period of time designated by the district court. COURT OF APPEAL, FIRST CIRCUIT
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DEPUTY CLERK OF COURT
FOR THE COURT