Doty et al v. Double Coin Holdings LTD et al
MEMORANDUM OPINION - For the reasons stated above, the court will DENY SHG's motion to dismiss (doc. 56 ). The Dotys' motion to strike (doc. 59 ) and motion to compel (doc. 70 ) are also MOOT by operation of this opinion. This court will enter a separate order carrying out this finding. Signed by Judge Corey L Maze on 9/7/2021. (KEK)
2021 Sep-07 PM 12:41
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
PATRICK DOTY, et al.,
ALLIANCE LLC, et al.,
Case No. 2:20-CV-00154-CLM
Patrick Doty (“Doty”) and his wife Samantha, (collectively, the “Dotys”), are
Alabama residents. Doty drives dump trucks for Alabama Wholesale Stone
(“Wholesale Stone”), who buys its truck tires from an Alabama tire dealer,
Westmoreland Tire Company (“Westmoreland”) in Fort Payne. In April 2019, Doty
crashed on an Alabama highway after the front left tire malfunctioned. The tire is a
Double Coin RLB900+ 385/65R22.5 (“Subject Tire”) manufactured by Shanghai
Huayi Group Corporation Limited (“SHG”), a Chinese company. SHG sells the
Subject Tire to U.S. tire dealers through its exclusive U.S. distributor, China
Manufacturers Alliance, LLC (“CMA”). The Dotys sue both CMA and SHG.
SHG challenges this court’s personal jurisdiction and seeks to dismiss all
claims against it. See Doc. 57. Accepting as true all facts alleged in the Dotys’
Complaint (doc. 1), see Bell Atl. Corp v. Twombly, 550 U.S. 544, 570 (2007), the
court finds that it has personal jurisdiction over SHG. So the court will deny SHG’s
motion to dismiss.
STANDARD OF REVIEW
The Dotys bear the burden of establishing a “prima facie case of jurisdiction”
over the movant, non-resident defendant. Morris v, SSE, Inc., 843 F.2d 489, 492
(11th Cir. 1998) (internal citations omitted). First, the court accepts the facts alleged
in the complaint as true. S & Davis Intern., Inc. v. The Republic of Yemen, 218 F.3d
1292, 1303 (11th Cir. 2000). A prima facie case is established if the Dotys “present
enough evidence to withstand a motion for directed verdict.” Meier ex rel. Meier v.
Sun Int’l Hotels, Ltd., 288 F.3d 1264, 1269 (11th Cir. 2002). Assuming the Dotys
establish a prima facie case, SHG can submit affidavits rebutting the Doty’s
evidence. Meier, 288 F.3d at 1269. If this happens, the burden shifts back to the
Dotys unless those affidavits solely contain conclusory assertions. Id. If the Dotys’
complaint and supporting evidence conflict with SHG’s affidavits and declarations,
the court must construe all reasonable inference in favor of the Dotys. See id.
STATEMENT OF THE ALLEGED FACTS AND
1. The Subject Tire Incident
Patrick Doty was severely injured in an April 2019 crash that resulted from a
“tread belt separation and failure” in his front-left tire. Doty’s employer, Wholesale
Stone, owned the truck and submitted a claim to its insurer, Amerisure Mutual
Insurance Company (“Amerisure”). Both the Dotys and Amerisure blame the
Subject Tire for causing the wreck.
2. SHG and CMA
SHG is a Chinese company based in Shanghai, China. SHG’s subsidiaries1
make medium and heavy-duty truck tires, including the Subject Tire. SHG’s
subsidiaries sell the tires to CMA, who then sells them in the United States.
Westmoreland bought the Subject Tire from CMA in August 2017. CMA
gave the Westmoreland order to SHG, who then manufactured the Subject Tire and
shipped it to Fort Payne.
SHG indirectly owns roughly 52% of CMA but does not control it. That said,
the two companies are co-dependent. CMA is the exclusive importer and marketer
of Double Coin tires in the U.S. and operates www.doublecointires.com. The Double
One of those subsidiaries, Double Coin Tyre Group, owns a controlling interest in CMA. But it is unclear how
much of Double Coin Tyre Group that SHG owns.
Coin Trademark is owned by a subsidiary of SHG, but it lets CMA use the mark
without a written agreement. SHG also appears as a “named insured” on CMA’s
general liability insurance policy in the U.S.
3. The lawsuit
The Dotys filed their complaint in early 2020. See Doc. 1. After they filed a
second amended complaint (doc. 11), Amerisure intervened and filed its own
complaint (doc. 18). Both complaints assert products liability claims, among others,
against SHG and CMA for the Subject Tire.
SHG challenges the court’s personal jurisdiction. A federal court sitting in
diversity “may exercise personal jurisdiction over a nonresident defendant to the
same extent that [an Alabama] court may, so long as the exercise is consistent with
federal due process requirements.” Licciardello v. Lovelady, 544 F.3d 1280, 1283
(11th Cir. 2008). Alabama’s long-arm statute lends jurisdiction over nonresidents to
the fullest extent allowed by the Due Process Clause of the Fourteenth Amendment.
Sloss Indus. Corp. v. Eurisol, 488 F.3d 922, 925 (11th Cir.2007); see also Ala. R.
Civ. P. 4.2.
There are two types of personal jurisdiction: specific and general. The parties
agree that general jurisdiction is not present here, so the court’s task is to analyze
The Eleventh Circuit applies a three-part test to see if jurisdiction offends due
process. Waite v. All Acquisition Corp., 901 F.3d 1307, 1313 (11th Cir. 2018). First,
the Dotys must establish that their claims “arise out of or relate to” SHG’s contacts
with the forum. Second, the Dotys must show that SHG “purposefully availed” itself
within Alabama. Id. Collectively, the first two part are known as “minimum
contacts.” Third, the exercise of personal jurisdiction must not offend traditional
notions of fair play and substantial justice. Id.
This question—and ultimately SHG’s motion—boils down to whether the
court finds that SHG shipped the Subject Tire to Alabama. Among other evidence,
the Dotys have provided the following “bill of lading” that shows SHG (the
“Shipper/Importer”) shipped the Subject Tire from China to Fort Payne (the “place
Doc. 73-7 at 2. While SHG admits (solely for this motion) that it manufactured the
Subject Tire, it maintains that it did not ship the tire to the United States, a contention
it supports with the affidavits of Jin Xiaobo, the SHG International Trade Director;
and the declaration of Walter Weller, a CMA Senior Vice President. See Docs. 571 and 57-2.
Having reviewed the submitted evidence2, the court finds for the purpose of
ruling on SHG’s motion that SHG shipped the Subject Tire to Alabama. And that
finding is enough to establish both elements of Minimum Contacts—i.e. “purposeful
availment” and “relatedness.”
The court denies the motion to strike Jin Xiaobo’s affidavit as moot. Doc. 59.
A. Purposeful Availment
Sometimes, it’s not so easy to determine whether placing a good into the
“stream of commerce” satisfies the “purposeful availment” requirement because
“the placement of a product into the stream of commerce, without more, is not an
act of the defendant purposefully directed toward the forum State.” Vermeulen v.
Renault, U.S.A., Inc., 985 F.2d 1534, 1548 (11th Cir. 1993) (quoting Asahi Metal
Indus. Co. v. Superior Ct. of California, Solano Cty., 480 U.S. 102 (1987)) (emphasis
added). That rule invites the question: What is the requisite ‘more’?
The ‘more’ here is the direct shipment of the tire to Alabama, to fill an order
placed in Alabama. In a plurality opinion, the Supreme Court has said, “[a]
defendant’s placing goods into the stream of commerce ‘with the expectation that
they will be purchased by consumers in the forum State’ may indicate purposeful
availment.” J. McIntyre Mach., Ltd. v. Nicastro, 564 U.S. 873, 881 (2011) (plurality
opinion of Kennedy, J.) (quoting World-Wide Volkswagon Corp. v. Woodson, 444
U.S. 286, 298. (1980)). The evidence shows that SHG expected the Subject Tire
would be purchased by a buyer in Alabama because (a) the order was placed in
Alabama, so (b) SHG shipped the tire to Alabama. That’s more than enough to show
purposeful availment in Alabama.
The Dotys’ claims “arise out of or relate to” SHG’s shipment of the Subject
Tire to Fort Payne, Alabama. Waite 901 F.3d at 1313. SHG shipped the tire to Fort
Payne to fill an order placed by Wholesale Stone, who in turn put the tire on the
vehicle that Doty was driving when the tire allegedly failed. So the Dotys have
established both elements of minimum contacts.
Fair Play and Substantial Justice
Once the Dotys establish minimum contacts with Alabama, the burden shifts
to SHG to “show that the imposition of jurisdiction in the forum is unreasonable.”
Molina, 207 F.3d at 1358. Factors relevant to this showing include: “(1) the
defendant’s burden; (2) the forum state’s interest; (3) the plaintiff’s interest in
convenient and effective relief; (4) the judicial system’s interest in efficient
resolution of controversies; and (5) the state’s shared interest in furthering
fundamental social policies.” Id. But SHG did not discuss fair play and substantial
justice in its briefs. See Docs. 57 and 75. Instead, SHG hung its hat on minimum
contacts: “[the Dotys] cannot meet either of the first two prongs, rendering the third
prong moot.” Doc. 57 at 14.
Because SHG makes no argument why the court exercising jurisdiction would
violate fair play and substantial justice, SHG cannot meet its burden to show that the
court exercising jurisdiction would violate fair play and substantial justice. In other
words, SHG has waived any argument on the third element.
Because the Dotys have shown minimum contacts, and SHG fails to show (or
argue) a violation of fair play and substantial justice, the court has personal
jurisdiction over SHG.
For the reasons stated above, the court will DENY SHG’s motion to dismiss
(doc. 56). The Dotys’ motion to strike (doc. 59) and motion to compel (doc. 70) are
also MOOT by operation of this opinion. This court will enter a separate order
carrying out this finding.
DONE on September 7, 2021.
COREY L. MAZE
UNITED STATES DISTRICT JUDGE
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