(251) 299-0101

Mandamus - Personal Jurisdiction

Ex parte Right at Home, LLC, [Ms. 1190289, Jan. 29, 2020] __ So. 3d __ (Ala. 2019). The Supreme Court denies a petition for a writ of mandamus filed by Defendant Right at Home, LLC, an out-of-state franchisor active throughout Alabama in the business of non-medical in-home care of the elderly. Right at Home’s January 3, 2020 mandamus petition sought an order directing the Mobile Circuit Court to dismiss Right at Home, on grounds of lack of personal jurisdiction, from a wrongful-death action against Right at Home and its local franchisee for the death of an elderly Alzheimer’s patient who died as a result of a scalding bath. The Plaintiff moved to dismiss or summarily deny the petition for non-compliance with Rule 21(a)(1)(E). Two weeks later, the Court (Parker, C.J., and Bolin, Shaw, Wise, Bryan, Mendheim, Stewart, and Mitchell, JJ., concur; Sellers, J., dissents) denied the petition without opinion.

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