PERSONAL JURISDICTION - EX PARTE NO. 1 STEEL PRODUCTS, INC.
In
Ex parte No. 1 Steel Products, Inc., [Ms. 1091781, Jul. 29, 2011] __ So. 3d __(Ala. 2011), the Supreme Court
granted Defendant's petition for a writ of mandamus directing a circuit
court to dismiss an action because the circuit court lacked personal jurisdiction
over the defendant. The plaintiff, Garrison Steel Fabricators, entered
into a contract with Defendant, No. 1 Steel Products, Inc., relating to
steel fabrication work for a construction project in Massachusetts. The
companies communicated via telephone, fax and e-mail during the negotiation
and fabrication process, but no representative from No. 1 Steel ever visited
Garrison's fabrication facility in Alabama. When the fabrication process
was complete, the finished product was sent to Massachusetts. A dispute
arose regarding payment due to Garrison Steel. Garrison Steel filed suit
against No. 1 Steel in an Alabama circuit court. No. 1 Steel filed a motion
to dismiss for lack of personal jurisdiction. The circuit court denied
the motion and No. 1 Steel filed a petition for a writ of mandamus. The
Supreme Court held that, despite the contact and performing pursuant to
a written contract, No. 1 Steel's contacts with the State of Alabama were
not sufficient for it to reasonably anticipate being hailed into court here.