In re OnePlus Technology (Shenshen) Co.

 
APPEAL NO.
21-165
OP. BELOW
DCT
SUBJECT
Jurisdiction
AUTHOR
Lourie, Bryson, and Taranto

Issue(s) Presented

“The issue presented is whether the district court has personal jurisdiction over Petitioner, a Chinese corporation, when process was served domestically pursuant to [Federal] Rule [of Civil Procedure] 4(f)(3) and not pursuant to the Hague Convention, as the Texas long-arm statute requires.”

Holding

“Given the broad discretion accorded to district courts in determining whether to grant relief under Rule 4(f)(3), we conclude that issuing the extraordinary writ of mandamus is not called for in this case…. On the present record, we decline to find a clear abuse of discretion that would justify the issuance of a writ of mandamus.”

Posts About this Case