West Wind Air LLC v. Thrush Aircraft Inc

Filing 18

ORDER denying without prejudice #10 Motion to Dismiss. Any renewed motion challenging personal jurisdiction after discovery is due by 3/1/2017. If Thrush doesn't move again on this point by then, personal jurisdiction will be conceded. Signed by Judge D. P. Marshall Jr. on 11/14/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WEST WIND AIR LLC, dfb/a CHRISAIR

v.

PLAINTIFF

No. 5:16-cv-274-DPM

THRUSH AIRCRAFT INC.

DEFENDANT
ORDER

Thrush's motion to dismiss for want of personal jurisdiction, Ng 10, is
denied without prejudice. The conflicting affidavits create some murkiness.
There's no general jurisdiction. Goodyear Dunlop Tires Operations, S.A. v.

Brown, 564 U.S. 915, 919 (2011). But West Wind has made at least a prima facie
showing that the Court has specific jurisdiction over manufacturer Thrush in
this product liability case. Thrush is a Georgia corporation; it sells airplanes
only through distributors; it sold the crop duster at issue to an independent
Missouri distributor; Thrush knows its planes end up in Arkansas; Thrush
targeted Arkansas by promoting its planes, and attending trade shows, in this
state; and Thrush is an "allied member" of the Arkansas Agricultural
Aviation Association and advertises with that entity.

All told, that's

relationship enough under the current Arkansas long-arm statute and the Due

Process Clause to keep Thrush in the case at least for discovery. Vandelune v.

4B Elevator Components Unlimited, 148 F.3d 943, 947-48 (8th Cir. 1998); see also

Pope v. Elabo GmbH, 588 F. Supp. 2d 1008, 1018-19 (D. Minn. 2008).
Depositions that cover the jurisdictional facts, which should also cover the
merits for efficiency's sake, should clear up the record. Any renewed motion
challenging personal jurisdiction after discovery is due by 1March2017. If
Thrush doesn't move again on this point by then, personal jurisdiction will be
conceded.
So Ordered.
D.P. Marshall Jr.
United States District Judge

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