(251) 299-0101

PERSONAL JURISDICTION - BRUNOS - EX PARTE KOHLBERG KRAVIS ROBERTS & CO., L.P., ET AL.

In Ex parte Kohlberg Kravis Roberts & Co., L.P., et al., [Ms. 1091206, Aug. 19, 2011] __ So. 3d __(Ala. 2011), the Supreme Court denied Defendants' petition for a writ of mandamus seeking an order requiring the circuit court to dismiss Plaintiffs' claims for lack of personal jurisdiction and for failure to state a claim upon which relief could be granted. Plaintiffs alleged that Defendants misrepresented the financial condition of Bruno's Supermarkets in connection with Plaintiffs' acquisition of that company and the financing of that acquisition. Under a due process analysis, the Court held that Defendants' contacts with Alabama were sufficient to assert jurisdiction over them. Further, the individual defendants were not insulated by the fiduciary-shield doctrine. Therefore, the Court denied the petition.
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